| People v Eddo, Olukayode |
| Motion No: 2005-05987 |
| Slip Opinion No: 2008 NYSlipOp 73595(U) |
| Decided on June 3, 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. |
Appellate Division: Second Judicial Department
M71084
E/cb
STEVEN W. FISHER, J.P.
EDWARD D. CARNI
WILLIAM E. McCARTHY
ARIEL E. BELEN, JJ.
|
2005-05987 The People, etc., respondent, v Olukayode Eddo, appellant. (Ind. No. 2882/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's reply brief on an appeal from an order of the Supreme Court, Kings County, rendered June 7, 2005, on the ground that it improperly raises issues for the first time on appeal, or for leave to file a sur-reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the appellant's reply brief is denied; and it is further,
ORDERED that the branch of the motion which is for leave to file a sur-reply brief is granted, and on or before June 11, 2008, the appellant shall serve and file the sur-reply brief.
FISHER, J.P., CARNI, McCARTHY and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court