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Russo v. Probber

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1987
135 A.D.2d 702 (N.Y. App. Div. 1987)

Opinion

December 21, 1987

Appeal from the Supreme Court, Nassau County (Burstein, J.).


Ordered that the judgment and the order are affirmed, with one bill of costs.

The court properly exercised its discretion in denying the defendants' motion for a new trial pursuant to CPLR 4404. Further, the record clearly establishes that the defendants' prior counsel had been properly relieved or had withdrawn (CPLR 321), the defendants intelligently and knowingly waived their right to counsel and expressed a desire to proceed pro se, and the trial was conducted in a fair and orderly manner (see, Tesoriero v Tesoriero, 114 A.D.2d 1027).

Finally, upon our review of the testimony adduced at this trial, we conclude that there was sufficient evidence to support the findings of the trial court and its findings are not against the weight of the evidence (see, Strauf v Ettson Enters., 106 A.D.2d 737, 738). Mangano, J.P., Thompson, Bracken and Weinstein, JJ., concur.


Summaries of

Russo v. Probber

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1987
135 A.D.2d 702 (N.Y. App. Div. 1987)
Case details for

Russo v. Probber

Case Details

Full title:MICHAEL J. RUSSO, Respondent, v. EDWIN PROBBER et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 21, 1987

Citations

135 A.D.2d 702 (N.Y. App. Div. 1987)

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