PRESENT: SCUDDER, P.J., CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 11-02104
Indictment No: 2000-0435
KA 12-01043
Indictment No: 2000-0435

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ADAM BENNEFIELD, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ADAM BENNEFIELD, DEFENDANT-APPELLANT.

Appellant having moved to vacate the dismissal of the appeal taken from a judgment of the Supreme Court, Erie County rendered May 27, 2009, and for other relief,

Now, upon reading and filing the affidavits of Adam Bennefield sworn to July 28, 2012 and August 13, 2012, and the statement of Adam Bennefield dated August 23, 2012, the notices of motion with proof of service thereof, the statement of Donna Milling, Esq. dated August 29, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion seeking to vacate the dismissal of the appeal taken from a judgment of Supreme Court, Erie County rendered May 27, 2009 is granted, on the condition that the appeal is perfected on or before January 9, 2013, and

It is further ORDERED that the appeal taken from the judgment of Supreme Court, Erie County rendered May 27, 2009 (KA 11-02104) may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and ten copies of the appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and

DAVID C. SCHOPP, ESQ.

LEGAL AID BUREAU OF BUFFALO

237 MAIN ST STE 1602

BUFFALO NY 14203-2723

is hereby assigned as counsel to conduct the appeal; and

It is further ORDERED that the Clerk of Erie County is hereby directed to provide DAVID C. SCHOPP, ESQ. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings upon which the appeal taken from the judgment of Supreme Court, Erie County rendered May 27, 2009 is based, and

It is further ORDERED that the motions are otherwise denied.

Entered: September 17, 2012

Frances E. Cafarell, Clerk