| People of State of New York v Rios |
| Motion No: 2007-06442 |
| Slip Opinion No: 2008 NYSlipOp 80209(U) |
| Decided on August 14, 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
M74441
E/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2007-06442 People of State of New York, respondent, v Angel Rios, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a determination of the Supreme Court, Kings County, dated July 2, 2007, to strike portions of the respondent's brief on the ground that it refers to matter dehors the record or to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to strike portions of the respondent's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until August 28, 2008, and the reply brief must be served and filed on or before that date.
SANTUCCI, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court