Appellate Division: Second Judicial Department

M284590

AFA/

REINALDO E. RIVERA, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2021-08236 In the Matter of Eric W. C. (Anonymous), appellant, v State of New York, respondent. (Index No. 1377/2021)

DECISION & ORDER ON MOTION

Appeal by Eric W. C. from an order of the Supreme Court, Westchester County, dated October 14, 2021. Motion by the appellant pro se to relieve counsel assigned to prosecute the appeal, for leave to prosecute the appeal pro se, in effect, to accept a brief and record for filing, and to enlarge the record to include certain material. The appellant's motion for leave to prosecute the appeal as a poor person and, in effect, for the assignment of counsel, was granted on January 19, 2022, and the following named attorney was assigned as counsel to prosecute the appeal:

Steven A. Feldman

1129 Northern Blvd., Ste. 404

Manhasset, NY 11030

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

ORDERED that the branch of the motion which is to relieve assigned counsel and proceed pro se is granted, and counsel is relieved of the assignment and is directed to return any papers in his possession concerning this proceeding to the appellant; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; the appellant shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that the appellant's brief shall not be accepted for filing unless the appellant files a waiver of the right to appellate counsel, in the form set forth below, acknowledged before a notary public, when the appellant proffers a brief for filing:

WAIVER OF RIGHT TO APPELLATE COUNSEL

I, Eric W. C., 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 of things, write an appellate brief.

State of

County of

On the day of in the year 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared Eric W. C., 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.

Eric W. C.

Notary Public

and it is further,

ORDERED the motion is otherwise denied.

RIVERA, J.P., GENOVESI, DOWLING and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court