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

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

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

Respondent having moved for an extension of the time to file and serve a brief on the appeals taken from the judgments of Oneida County Court, rendered September 2, 2011 and September 8, 2011, and for other relief,

Now, upon reading and filing the affirmations of Steven G. Cox, Esq. dated September 21, 2016 and September 29, 2016, the notices of motion with proof of service thereof, the affirmation of Peter J. DiGiorgio, Jr., Esq. dated October 7, 2016, the affidavit of Kevin V. Byng sworn to September 29, 2016, and the statements of Kevin V. Byng dated October 10, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion seeking an extension to file a respondent's brief is granted, and the time to file and serve a respondent's brief is extended to November 25, 2016, and

It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to December 12, 2016, and

It is further ORDERED that the motion seeking to strike defendant's pro se supplemental brief and his pro se appendix is granted, and the pro se supplemental brief and the pro se appendix are stricken, and

It is further ORDERED that the Clerk shall remit to defendant the copies of the pro se supplemental brief and pro se appendix submitted to this Court, and

It is further ORDERED that the appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before December 12, 2016, and

It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before December 27, 2016.

Memorandum: Defendant may resubmit a pro se appendix containing documentation that is referenced in the stipulation signed by the attorneys, and any documentation that was presented to the trial court up to the date of September 8, 2011. Any arguments presented in a pro se supplemental brief should be based upon the record on appeal.

Entered: October 26, 2016

Frances E. Cafarell, Clerk