Opinion
KAH 16-01170 Index No: 812-2014
05-17-2017
THE PEOPLE OF THE STATE OF NEW YORK EX REL., GERALD SMITH, PETITIONER-APPELLANT, v. MICHELLE ARTUS, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.
PRESENT:
Appellant having moved to strike the brief filed by assigned counsel, Charles J. Greenberg, Esq., for the appeal taken from an order of the Supreme Court, Livingston County, entered February 26, 2015, and for other relief,
Now, upon reading and filing the statement of Gerald Smith dated March 28, 2017, the notice of motion with proof of service thereof, the statement of Charles J. Greenberg, Esq. dated April 13, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, and
It is further ORDERED that appellant may file 10 copies of the pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before June 16, 2017, and
It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before July 3, 2017.
Memorandum: Petitioner can renew his request for permission to proceed pro se upon the submission of a motion with proof of service upon all necessary parties that includes an affidavit from petitioner establishing that his waiver of counsel is knowing and intelligent.
Entered: May 17, 2017
Frances E. Cafarell, Clerk