| People v Vitarelli, Gerald |
| Motion No: 2007-05902 |
| Slip Opinion No: 2010 NY Slip Op 70929(U) |
| Decided on May 10, 2010 |
| 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
M102549
E/sl
PETER B. SKELOS, J.P.
JOSEPH COVELLO
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2007-05902 The People, etc., respondent, v Gerald Vitarelli, appellant. (Ind. No. 06-01163)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike an addendum to the appellant's brief on an appeal from a judgment of the County Court, Westchester County, rendered May 29, 2007. Application by the appellant for leave to file a replacement brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the motion is denied as academic as the addendum was removed upon the filing of the appellant's brief in this Court, and, instead, filed as an exhibit on March 2, 2010; and it is further,
ORDERED that the application is granted, the appellant's brief is stricken, and on or before May 21, 2010, the appellant shall file a replacement brief; and it is further,
ORDERED that on the court's own motion, the exhibit filed with this Court on March 2, 2010, is stricken; and it is further,
ORDERED that on the court's own motion, the respondent's brief is stricken.
SKELOS, J.P., COVELLO, HALL and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court