PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 06-02628 & KA 08-00997
Indictment No: 2005-394

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES T. TAMBURRINO, DEFENDANT-APPELLANT.

Appellant having moved to consolidate the appeals taken from a judgment of the Oneida County Court, rendered June 6, 2006, and the order of Oneida County Court, entered April 14, 2008, and for other relief,

Now, upon reading and filing the affirmations of Irving Cohen, dated December 15, 2008 and December 30, 2008, the affidavit of James Tamburrino, sworn to December 10, 2008, the notice of motion with proof of due service thereof, the letter of Raymond Bara, dated December 30, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the appeals from the judgment rendered June 6, 2006 and the order entered April 14, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the appeals herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and ten copies of appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and

It is further ORDERED that the Clerk of the County of Oneida is hereby directed to provide Irving Cohen with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeals are based.

Entered: January 6, 2009

JoAnn M. Wahl, Clerk