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

KA 12-00210
Indictment No: 2011-456
KA 13-01213
Indictment No: 2011-456

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KEVIN M. MINEMIER, DEFENDANT-APPELLANT. (APPEAL NO. 1.) THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KEVIN M. MINEMIER, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Appellant having moved for permission to proceed as a poor person on the appeal taken from an amended judgment of the Monroe County Court, rendered March 14, 2013 (KA 13-01213), and for other relief,

Now, upon reading and filing the affirmation of Donald M. Thompson, Esq. filed August 13, 2013, the notice of motion with proof of due service thereof, the affidavit of Kevin M. Minemier sworn to March 14, 2013, and the statement of Alecia J. Mazzo, Esq. dated August 15, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the appeal 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 Monroe is hereby directed to provide Donald M. Thompson, Esq. with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal from the amended judgment of Monroe County Court, rendered March 14, 2013 (KA 13-01213) is based, and

It is further ORDERED that the appeals from the judgment of Monroe County Court rendered January 20, 2012 (KA 12-00210) and the amended judgment of Monroe County Court rendered March 14, 2013 (KA 13-01213) are hereby consolidated for the purpose of perfecting and arguing the appeals.

Entered: August 26, 2013

Frances E. Cafarell, Clerk