| People of State of New York v Iorio |
| Motion No: 2008-01279 |
| Slip Opinion No: 2010 NY Slip Op 71551(U) |
| Decided on May 14, 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
M102880
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2008-01279 People of the State of New York, respondent, v Ronald Iorio, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Richmond County, dated January 25, 2008, to strike the respondent's brief and addendum thereto on the ground that they contain and refers to matter dehors the record and to enlarge his time to serve and file a 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 respondent's brief and addendum thereto 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 branch of the motion which is to enlarge the appellant's time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until May 24, 2010, and the reply brief must be served and filed on or before that date.
DILLON, J.P., BALKIN, BELEN and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court