| People of State of New York v Michael Bottari |
| Motion No: 2009-01502 wcr |
| Slip Opinion No: 2010 NY Slip Op 73697(U) |
| Decided on June 4, 2010 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
JOHN R. LACAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Michael Bottari, Appellant. |
Motion by appellant to strike the respondent's brief and to enlarge the time to file a reply brief on an appeal from a judgment of conviction of the Justice Court of the Village of Ardsley, Westchester County, rendered June 29, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the branch of appellant's motion seeking to strike the respondent's brief in its entirety or, in the alternative, to strike any references to matters which are dehors the record on appeal is denied; and it is further;
ORDERED that the branch of the motion seeking an enlargement of time to serve and file a reply brief is granted and the brief shall be filed and served within 14 days of the date of this order.
We note that this court will not consider any matter that is dehors the record.
ENTER:
Angela G. Iannaci
Associate Justice