Appellate Division: Second Judicial Department

M263323

E/mm

WILLIAM F. MASTRO, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2017-00112 The People, etc., respondent, v Nicholas Clark, appellant. (Ind. No. 15-00424)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to strike the brief filed by former retained counsel, for leave to proceed pro se, and for leave to file an oversized brief of 20,853 words on an appeal from a judgment of the Supreme Court, Rockland County, rendered January 3, 2017.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and the appellant shall serve and file the replacement brief on or before June 24, 2019; and it is further,

ORDERED that at the time the appellant serves and files the replacement brief he shall file a waiver of his right to appellate counsel in the form set forth below, acknowledged before a notary public:

WAIVER OF RIGHT TO APPELLATE COUNSEL

I, Nicholas Clark, understand that I have the right to be represented by an attorney in prosecuting my appeal. If I cannot afford to retain counsel, one will be assigned to represent me at State expense. I understand that if I elect to waive my right to counsel and I am incarcerated at the time my appeal is heard, the Court will not permit me to present oral argument. Knowing these rights I voluntarily elect to waive them and to represent myself on the appeal. I have not been forced to waive my rights and I believe myself to be of sufficient intelligence and ability to properly protect my own interests without the assistance of a lawyer to, among other things, write an appellate brief.

Nicholas Clark

State of

County of

On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared Nicholas Clark, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same, and that by his signature on the instrument, the individual executed the instrument.

Notary Public

MASTRO, J.P., MALTESE, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court