Opinion
Motion No: 2017-01980 WCR
02-13-2019
The People of the State of New York, Respondent, v. Kerwin Webb, Appellant.
JERRY GARGUILO
ELIZABETH H. EMERSON, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of conviction of the City Court of Mount Vernon, Westchester County, rendered October 11, 2017. This court has been advised that appellant's counsel has died.
Now, on the court's own motion, it is
ORDERED that the appeal is held in abeyance for 30 days and on or before March 15, 2019, pursuant to CPLR 321 (c), appellant is directed to retain new counsel to represent him on the appeal or advise the Clerk of this court in writing that he will proceed pro se (see CPLR 321[a]); and it is further,
ORDERED that on or before March 15, 2019, appellant's new attorney or appellant, if he decides to proceed pro se, shall advise the Clerk of this court, in writing, whether he will adopt the brief filed by former counsel or wishes to file a new or supplemental brief; and it is further,
ORDERED that in the event that appellant does not comply with the above-stated directives the appeal will be calendared, and appellant will be deemed to be proceeding pro se and to have adopted the brief filed by former counsel; and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion on the parties and their attorneys by regular mail.
ENTER:
Paul Kenny
Chief Clerk