| People of State of New York v Steven M. Schwartz |
| Motion No: 2010-00945 wcr |
| Slip Opinion No: 2010 NY Slip Op 82881(U) |
| Decided on September 13, 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.
MELVYN TANENBAUM
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Steven M. Schwartz, Appellant. |
Motion by respondent to strike the appellant's brief on an appeal from a judgment of conviction of the City Court of Rye, Westchester County, rendered March 11, 2010, and to dismiss the appeal for failure to properly perfect it.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto,
ORDERED that the motion is denied; and it is further,
ORDERED that appellant shall serve a copy of the trial transcript upon respondent within 21 days of the date of this decision and order; and it is further,
ORDERED, on the court's own motion, that respondent's time to serve and file a respondent's brief is enlarged to 21 days from the date respondent is served with a copy of the trial transcript. Appellant, if he be so advised, may serve and file a reply brief within 14 days after the respondent's brief is due to be filed pursuant to this decision and order.
ENTER:
Francis A. Nicolai
Presiding Justice