Appellate Division: Second Judicial Department

M303373

AFA/

BETSY BARROS, J.P.

LILLIAN WAN

DONNA-MARIE E. GOLIA

JAMES P. MCCORMACK, JJ.

2024-10230 In the Matter of Russell Spain, appellant, v Shenese Jones, respondent. (Docket Nos. V-19264-2015/2023B, V-19264-2015/2024D, O-01847-2024)

DECISION & ORDER ON MOTION

Appeal by Russell Spain from an order of the Family Court, Kings County, dated September 16, 2024. Motion by the appellant pro se to relieve counsel assigned to prosecute the appeal and for leave to prosecute the appeal pro se. The appellant's motion for waiver of costs, fees, and expenses was granted on January 31, 2025, and the following named attorney was assigned as counsel to prosecute the appeal:

Leighton M. Jackson

174 West 4th St., #259

New York, NY 10014

646-290-7857

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and counsel assigned to prosecute the appeal is relieved of the assignment and is directed to deliver any transcripts of the proceedings in his possession and all papers on the appeal to the Clerk of this Court, for delivery to the appellant pro se for the appellant's examination and use. The transcripts shall be returned to this Court when the appellant files the appellate brief; and it is further,

ORDERED that the appellant shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); 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, Russell Spain, 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 New York

County of

On the day of in the year 2025, before me, the undersigned, a Notary Public in and for said State, personally appeared Russell Spain, 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/she executed the same, and that by his/her signature on the instrument, the individual executed the instrument.

RUSSELL SPAIN

Notary Public

BARROS, J.P., WAN, GOLIA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court