MELNITZKY v. CITY OF NEW YORK


1 A.D.3d 222 (2003)

767 N.Y.S.2d 97

MICHAEL MELNITZKY, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 18, 2003.


Plaintiff, having chosen to act through retained counsel, was barred from proceeding pro se except by consent of the court (see CPLR 321 [a]). That consent was properly withheld. Plaintiff did not request to represent himself until midtrial and the record demonstrates that permitting plaintiff, whose courtroom demeanor had been volatile and on occasion irrational, to immediately take over the representational responsibilities until then competently discharged by his...

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