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

KA 12-00376
Indictment No: 11-04

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DOUGLAS A. WEAVER, DEFENDANT-APPELLANT.

Appellant having moved to relieve assigned counsel on the appeal taken from a judgment of the Orleans County Court, rendered April 12, 2012, and for other relief,

Now, upon reading and filing the affidavit of Douglas Weaver sworn to May 24, 2013, the notice of motion with proof of service thereof, the statement of Theodore W. Stenuf, Esq. dated June 4, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and appellant's briefs are deemed withdrawn, and

It is further ORDERED that Theodore Stenuf, Esq. is relieved of his assignment, and

It is further ORDERED that the Clerk shall remit to the Orleans County Clerk's Office the papers constituting the record on appeal and shall remit to the parties any and all briefs submitted to this Court, and

It is further ORDERED that the appeal is removed from the term commencing on October 15, 2013, and

It is further ORDERED that the order of this Court entered June 18, 2012 is vacated, and appellant may prosecute his appeal as a poor person pro se, and

It is further ORDERED that the appeal herein may be prosecuted upon the original papers and ten briefs, handwritten, typewritten or reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of the County of Orleans is hereby directed to provide Douglas Weaver with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the appellant shall perfect the appeal in accordance with 22 NYCRR 1000.3 (c) (1).

Entered: June 25, 2013

Frances E. Cafarell, Clerk