Opinion
Motion No: KA 12-02045 Indictment No: 2010-2579
01-14-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DAVID DALE, DEFENDANT-APPELLANT.
PRESENT: , P.J., PERADOTTO, CARNI, LINDLEY, AND VALENTINO, JJ.
Appellant having moved pursuant to CPLR 5711 to transfer the appeal taken from the judgment of Supreme Court, Erie County rendered October 3, 2012, and for other relief,
Now, upon reading and filing the affidavit of David Dale sworn to December 20, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to proceed pro se on the appeal from the judgment of Supreme Court, Erie County rendered October 3, 2012 is granted to the extent that the order of this Court entered November 28, 2012 is vacated, and the briefs filed by the parties are deemed withdrawn and,
It is further ORDERED that the Clerk shall remit to the Erie 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 day calendar for March 5, 2014, and
It is further ORDERED that appellant may prosecute his appeal from the judgment of Supreme Court, Erie County rendered October 3, 2012 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 Erie is hereby directed to provide David Dale, 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, Erie County rendered October 3, 2012 is based, and
It is further ORDERED that the appellant shall perfect the appeal in accordance with 22 NYCRR 1000.3 (c) (1), and
It is further ORDERED that the motion is otherwise denied.
Frances E. Cafarell, Clerk