Appellate Division: Second Judicial Department

M51801

E/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

DAVID S. RITTER

RUTH C. BALKIN, JJ.

2004-10453 The People, etc., respondent, v Chauncy Ramos, appellant. (Ind. No. 04-00310)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the County Court, Westchester County, rendered November 16, 2004, to strike the appellant's replacement brief on the ground that it refers to matter dehors the record.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the following material is stricken from the appellant's replacement brief:

(1) on page 12, beginning on the 9th line with the word "Ramos," through the end of the paragraph, ending "[A339].";

(2) on page 19, beginning on the 13th line with the word "Ramos," through the end of the sentence;

(3) on page 49, footnote 11; and

(4) on page 50, the first paragraph; and

on or before March 26, 2007, the appellant shall delete or remove the stricken material from the copies of the replacement briefs on file with the Clerk of this court and/or serve and file replacement briefs that do not contain the stricken material, and the motion is otherwise denied; and it is further,

ORDERED that the respondent's time to serve and file a replacement brief is enlarged until May 3, 2007, and the respondent's replacement brief must be served and filed on or before that date.

MILLER, J.P., MASTRO, RITTER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court