People v Brescia, Mark
Motion No: 2004-09076
Slip Opinion No: 2007 NYSlipOp 67666(U)
Decided on April 18, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M53432

E/cb

HOWARD MILLER, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2004-09076

The People, etc., respondent,

v Mark Brescia, appellant.

(Ind. No. 40/03)

DECISION & ORDER ON MOTION

Motion by the appellant to strike the respondent's brief filed in response to the appellant's supplemental brief on an appeal from a judgment of the County Court, Dutchess County, rendered November 19, 2003, on the ground that the respondent's brief was not timely filed.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

MILLER, J.P., ANGIOLILLO, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court