| People of State of New York v Robert Romano |
| Motion No: 2016-02311 NCR |
| Slip Opinion No: 2019 NY Slip Op 84156(U) |
| Decided on October 31, 2019 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 9th & 10th Judicial Districts
THOMAS A. ADAMS, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Robert Romano, Appellant. |
Appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered September 13, 2016. Appellant has repeatedly, by e-mail to the court, "demanded" that counsel be relieved.
Now, on the court's own motion, it is
ORDERED that Andrew E. MacCaskill, Esq. is hereby relieved from representing appellant; and it is further
ORDERED that the appeal is held in abeyance for 30 days and on or before November 29, 2019, pursuant to CPLR 321 (b), appellant is directed to retain new counsel to represent him on the appeal or advise the Clerk of this court in writing that he will proceed pro se (see CPLR 321[a]); and it is further,
ORDERED that on or before November 29, 2019, appellant's new attorney or appellant, if he decides to proceed pro se, shall advise the Clerk of this court, in writing, whether he will adopt the brief filed by former counsel or wishes to file a new or supplemental brief; and it is further,
ORDERED that in the event appellant elects to interpose an application to prosecute the appeal as a poor person and for assignment of counsel, he must do so on or before November 29, 2019; and it is further
ORDERED that in the event that appellant does not comply with the above-stated directives the appeal will be calendared, and appellant will be deemed to be proceeding pro se and to have adopted the brief filed by former counsel; and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion on the parties and their attorneys by regular mail.
ENTER:
Paul Kenny
Chief Clerk