PEOPLE EX REL. SMITH v. ARTUS

Motion No. KAH 16-01170, Index No. 812-2014.

2017 NY Slip Op 74207(U)

THE PEOPLE OF THE STATE OF NEW YORK EX REL., GERALD SMITH, Petitioner-Appellant, v. MICHELLE ARTUS, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY, Respondent-Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.


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.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases