PRESENT: WHALEN, P.J., SMITH, CENTRA, NEMOYER, AND WINSLOW, JJ.

KA 12-02145
Indictment No: 2011-0013
KA 12-01720
Indictment No: 2010-1082

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JEFFREY J. TERBORG, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JEFFREY J. TERBORG, DEFENDANT-APPELLANT.

Appellant having moved for permission to proceed as a poor person pro se on the appeal taken from a judgment of Supreme Court, Monroe County, rendered August 16, 2012 for Indictment 2011-0013 (KA 12-02145), and the appeal taken from the judgment of Supreme Court, Monroe County, rendered August 16, 2012 for Indictment 2010-1082 (KA 12-01720),

Now upon reading and filing the affidavit of Jeffrey Terborg sworn to February 17, 2018 and the statement dated March 14, 2018, the notice of motion with proof of service thereof, the responding affidavit of John A. Cirando, Esq. sworn to March 2, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person pro se on the appeal taken from a judgment of Supreme Court, Monroe County, rendered August 16, 2012 for Indictment 2011-0013 (KA 12-02145) is denied as untimely, and,

It is further ORDERED that appellant may file 10 copies of a pro se supplemental brief for the appeal taken from the judgment of Supreme Court, Monroe County, rendered August 16, 2012 for Indictment 2011-0013 (KA 12-02145), with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before May 7, 2018, and

It is further ORDERED that respondent may file a brief in response to the pro se supplemental brief for the appeal from Indictment 2011-0013 (KA 12-02145), if any, on or before May 22, 2018, and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person pro se on the appeal taken from the judgment of Supreme Court, Monroe County, rendered August 16, 2012 for Indictment 2010-1082 (KA 12-01720) is granted to the extent that the order of this Court entered September 3, 2015 for KA 12-01720 is vacated, and the record and briefs filed by the parties are deemed withdrawn and,

It is further ORDERED that the Clerk of this Court shall remit to the Monroe County Clerk's Office the papers constituting the record on appeal for the judgment of Supreme Court, Monroe County, rendered August 16, 2012 for Indictment 2010-1082 (KA 12-01720) and shall remit to the parties any and all briefs submitted to this Court, and

It is further ORDERED that the appeal from the judgment of Supreme Court, Monroe County, rendered August 16, 2012 for Indictment 2010-1082 (KA 12-01720) is removed from the day calendar for May 14, 2018, and

It is further ORDERED that appellant may prosecute his appeal from the judgment of Supreme Court, Monroe County, rendered August 16, 2012 for Indictment 2010-1082 (KA 12-01720) as a poor person pro se, and

It is further ORDERED that the appeal from the judgment of Supreme Court, Monroe County, rendered August 16, 2012 for Indictment 2010-1082 (KA 12-01720) 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 Monroe is hereby directed to provide Jeffrey J. Terborg, with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal from the judgment of Supreme Court, Monroe County, rendered August 16, 2012 for Indictment 2010-1082 (KA 12-01720) is based, and

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

It is further ORDERED that the ordering paragraph of the order of this Court entered November 28, 2017 is hereby amended by striking therefrom the date February 26, 2018 and inserting in place thereof the date August 6, 2018.

Memorandum: No further extensions will be granted for the filing of a pro se supplemental brief.

Entered: April 6, 2018

Mark W. Bennett, Clerk