People v. Sparago

Full title: The People of the State of New York, Plaintiff, v. Michael Sparago…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Nov 27, 2017

2017 N.Y. Slip Op. 94904 (N.Y. App. Term 2017)

Opinion

Motion No: 2017-01878 RICR

11-27-2017

The People of the State of New York, Plaintiff, v. Michael Sparago, Defendant.

MICHAEL L. PESCE, P.J.

DECISION AND ORDER ON APPLICATION

Application by defendant, pursuant to CPL 450.15 and 460.15, for a certificate granting leave to appeal to this court from an order of the Criminal Court of the City of New York, Richmond County, dated September 22, 2017, which was referred to me for determination. By order dated October 19, 2017, the Appellate Division, Third Judicial Department, revoked defendant's counsel's admission to the bar effective immediately.

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

ORDERED, on the court's own motion, that, on or before January 5, 2018, the attorney for plaintiff is directed to serve a copy of this decision and order on application upon defendant, pursuant to CPLR 2103 (c), and to file proof of such service in the office of the clerk of this court, which service shall constitute notice to defendant to appoint a new attorney pursuant to CPLR 321 (c); and it is further,

ORDERED that, on or before February 8, 2018, defendant shall advise the clerk of this court and plaintiff's counsel (1) of the name and address of his new attorney or (2) that defendant is proceeding pro se; and it is further,

ORDERED that, if, on or before February 8, 2018, defendant fails to appoint a new attorney and advise the clerk of this court and plaintiff's counsel of that attorney's name and address, defendant shall be deemed to be proceeding pro se; and it is further,

ORDERED that, on or before March 2, 2018, defendant shall (1) notify this court that he wishes to adopt the application filed by his former counsel, (2) file supplemental papers in connection with the application, or (3) withdraw the application; and it is further,

ORDERED that if defendant fails to comply with the preceding paragraph, the application shall be deemed submitted; and it is further,

ORDERED that the application is held in abeyance in the interim.

ENTER:

Michael L. Pesce

Presiding Justice