People v Giuca, John
Motion No: 2009-04130
Slip Opinion No: 2010 NY Slip Op 77676(U)
Decided on July 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M106085

E/ct

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2009-04130

The People, etc., respondent,

v John Giuca, appellant.

(Ind. No. 8166/04)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated April 1, 2009, to strike a stated portion of the appellant's reply brief on the ground that it improperly raises an argument for the first time in reply.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

SKELOS, J.P., LEVENTHAL, CHAMBERS and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court