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

KA 14-00574
SCI No: S11-161
KA 14-00575
Indictment No: I11-290

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KEVIN BYNG, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KEVIN V. BYNG, DEFENDANT-APPELLANT.

Appellant having moved to proceed pro se on the appeals taken from the judgments of Oneida County Court, rendered September 8, 2011 and September 2, 2011, and for other relief,

Now, upon reading and filing the affidavit of Kevin V. Byng sworn to December 5, 2014, the notice of motion with proof of service thereof, and the statements of Kevin V. Byng dated February 12, 2015, February 3, 2015, January 27, 2015, and January 28, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the orders of this Court entered October 28, 2014 and April 14, 2014 are vacated, and

It is further ORDERED that the appellant may prosecute his appeals from the judgments of Oneida County Court rendered September 8, 2011 and September 2, 2011 as a poor person pro se, and

It is further ORDERED that the appeals 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 Oneida is hereby directed to provide Kevin Byng, with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeals from the judgments of Oneida County Court, rendered September 8, 2011 and September 2, 2011 are based, and

It is further ORDERED that the appellant shall perfect the appeals in accordance with 22 NYCRR 1000.3 (c) (1), and

It is further ORDERED that the motion insofar as it seeks permission to file less than the required number of briefs for said appeals is denied, and

It is further ORDERED that the motion is otherwise denied.

Entered: March 3, 2015

Frances E. Cafarell, Clerk