Opinion
Motion No: 2016-02311 NCR
04-10-2017
The People of the State of New York, Respondent, v. Robert Romano, Appellant.
JERRY GARGUILO
JAMES V. BRANDS, JJ.
DECISION & ORDER ON MOTION
Motion by Matthew C. Hug, Esq., counsel for appellant on an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered September 13, 2016, for leave to withdraw as counsel for appellant, and for an enlargement of time to perfect the appeal. Separate motion by appellant pro se for the assignment of counsel.
Upon the papers filed in support of the motions and the papers filed in opposition and in response thereto, it is
ORDERED, on the court's own motion, that the motion by Matthew C. Hug, Esq., and the motion by appellant pro se are consolidated for purposes of disposition; and it is further,
ORDERED that the branch of the motion by Matthew C. Hug, Esq., seeking leave to withdraw as counsel for appellant is granted, and Matthew C. Hug, Esq., is relieved from representing appellant with respect to the instant appeal and is directed to turn over all papers to counsel herein assigned; and it is further,
ORDERED that on or before April 21, 2017, Matthew C. Hug, Esq., is directed to serve appellant by one of the methods specified in CPLR 2103 (c) with a copy of this decision and order on motion and shall file proof of such service with the clerk of this court; and it is further,
ORDERED that no further proceedings shall be taken against appellant, without leave of the court, until the expiration of 30 days after the service upon him of a copy of this decision and order on motion; and it is further,
ORDERED that the branch of the motion by Matthew C. Hug, Esq., seeking an enlargement of time to perfect the appeal is granted, and the appeal shall be perfected expeditiously; and it is further,
ORDERED that appellant's motion seeking the assignment of counsel is granted and the Legal Aid Society of Nassau County is assigned as counsel; and it is further,
ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report, if any, prepared in connection with appellant's sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.
ENTER:
Paul Kenny
Chief Clerk