herein, counsel will move this Court before the Honorable Denny Chin, United States District

Transcription

1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES AND EXCHANGE COMMISSION, Plaintiff, No. 08 Civ (DC) - against NOTICE OF MOTION BY JOHN C. MERINGOLO, ESQ. TO WITHDRAW AS COUNSEL TO JOSEPH SHERESHEVSKY, et al. DEFENDANT Defendant PLEASE TAKE NOTICE, that upon the annexed affirmation of John C. Meringolo, Esq. individually and on behalf of Meringolo & Associates, P.C., and upon all prior proceedings herein, counsel will move this Court before the Honorable Denny Chin, United States District Judge for the Southern District of New York, on the day of January, 2009, at 930 o'clock in the forenoon of that day or as soon thereafter as counsel may be heard for 1. An Order allowing the undersigned to withdraw as counsel of record for defendant JOSEPH SHERESHEVSKY, pursuant to Local Rule 1.4 and Model Rules of Professional Conduct Rule 1.16; 2. An Order granting JOSEPH SHERESHEVSKY thirty (30) days to either retain new counsel; and 3. Such other and further relief as to the Court deems just and proper.

2 Dated December 26, New York, New York /s/ John C. Meringolo, Esq. John Meringolo (JM 3487) Meringolo & Associates, P.C. 116 West 23 rd Street, Suite 5100 New York, New York Phone (347)

3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES AND EXCHANGE COMMISSION, Plaintiff, No. 08 Civ (DC) - against JOSEPH SHERESHEVSKY, et al. Defendant AFFIRMATION OF JOHN C. MERINGOLO I, John C. Meringolo, hereby affirm That I am a duly licensed Attorney at Law, appearing as counsel of record to JOSEPH SHERESHEVSKY in the civil case pending in the Southern District of New York, entitled Securities and Exchange Commission v. Shereshevsky, et al, No. 08-Civ (DC). That I am informed and believe, based on discussions with co-counsel, opposing attorneys, and the appointed Receiver, as well as a review of the records and files in this case, that my withdrawal at this time can be accomplished without any material adverse effect on the interests of my client as the Rules of Professional Conduct dictate. No finalize deadline has been set for motion practice as of yet, and the scheduling for the next pre-trial conference is still pending. That the grounds for my request to withdraw, namely Mr. Shereshevsky s current inability to pay for his defense and his continued failure to follow my instructions, is enough to warrant the Court s leave to withdraw at this juncture. That upon request from the Court, I would be willing and able to submit a letter, to be filed

4 under seal, regarding the specific reasons for my withdrawal as counsel. Mr. Shereshevsky has been given reasonable warning, in a retainer agreement or otherwise, that I would withdraw from the case if, among others, the agreed upon financial obligations were not fulfilled. That I have notified both Mr. Shereshevsky and the Court of my intent to withdraw and the reasons thereof. Moreover, the client has been notified of my readiness to provide him with all documents in my possession relating to the case, as well as a copy of the request that was submitted to this Court to grant Mr. Shereshevsky thirty (30) days from the date of my withdrawal to retain new counsel. That I have sent a letter to Mr. Shereshevsky, who is being held at the Metropolitan Detention Center in Brooklyn, New York, confirming my intention to withdraw, and the need for him to retain new counsel. I declare under penalty of perjury based on my information and belief that the above is true and correct. Executed this 26th day of December, 2008, in New York, New York. /s/ John C. Meringolo, Esq. John Meringolo (JM 3487) Meringolo & Associates, P.C. 116 West 23 rd Street, Suite 5100 New York, New York Phone (347)

5 Certificate of Service I hereby certify that on December 26, 2008, a copy of the foregoing NOTICE OF MOTION BY JOHN C. MERINGOLO, ESQ. TO WITHDRAW AS COUNSEL TO DEFENDANT was filed electronically. Notice of this filing will be sent to the following parties by operation of the Court s electronic filing system. Parties may access this filing through the Court s system. Honorable Dennis Chin United States District Judge Alexander Mircea Vasilescu U.S. Securities and Exchange Commission Andrew M. Calamari Securites and Exchange Commission I hereby certify that on December 26, 2008, a copy of the foregoing NOTICE OF MOTION BY JOHN C. MERINGOLO, ESQ. TO WITHDRAW AS COUNSEL TO DEFENDANT was mailed, by first-class U.S. Mail, postage prepaid, and properly addressed to the following Joseph Shereshevsky Register No MDC Brooklyn Metropolitan Detention Center P.O. BOX Brooklyn, New York 11232