| People of State of New York v Edwin Burgos |
| Motion No: 2010-00413 wcr |
| Slip Opinion No: 2010 NY Slip Op 84354(U) |
| Decided on October 1, 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 Edwin Burgos, Appellant. |
Motion by respondent to strike the appellant's brief on an appeal from a judgment of conviction of the City Court of Mount Vernon, Westchester County, rendered January 11, 2010, or, in the alternative, in effect, for an enlargement of time to submit a respondent's 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 seeking to strike the appellant's brief is denied; and it is further,
ORDERED that the branch of the motion seeking, in effect, an enlargement of time to submit a respondent's brief is granted and respondent shall serve and file said brief within 21 days of this decision and order; and it is further,
ORDERED that appellant, if he be so advised, may serve and file a reply brief within 14 days of the date that the respondent's brief is due to be filed pursuant to this order.
We note that this court will not consider any matter that is dehors the record.
ENTER:
Paul Kenny
Chief Clerk