People v Mendoza, Thelma
Motion No: 2006-10395
Slip Opinion No: 2008 NYSlipOp 67382(U)
Decided on March 24, 2008
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

M68072

E/sl

STEVEN W. FISHER, J.P.

DAVID S. RITTER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2006-10395

The People, etc., respondent,

v Thelma Mendoza, appellant.

(Ind. No. 750-05)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to strike the appellant's brief on an appeal from a judgment of the Supreme Court, Suffolk County, rendered February 3, 2006, on the ground that it refers to matter dehors the record.

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

ORDERED that the motion is granted, the appellant's brief is stricken, and on or before April 23, 2008, the appellant shall serve and file a replacement brief that does not refer to matter dehors the record.

FISHER, J.P., RITTER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court