| People v Daly, Arthur |
| Motion No: 2009-09661 |
| Slip Opinion No: 2010 NY Slip Op 84680(U) |
| Decided on October 12, 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
M108942
E/sl
WILLIAM F. MASTRO, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
PLUMMER E. LOTT, JJ.
|
2009-09661 The People, etc., respondent, v Arthur Daly, appellant. (Ind. No. 05-07027)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's brief on an appeal from an amended judgment of the County Court, Orange County, rendered October 8, 2009, on the ground that the appellant did not serve the respondent with the transcripts of the proceedings of the plea of guilty and of the imposition of sentence in the action entitled People v Daly, which occurred on July 21, 2004, and September 15, 2004, respectively, in the County Court, Rockland County, under Indictment Number 04-00201.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, without prejudice to the respondent moving on or before November 8, 2010, to enlarge the record to include those transcripts; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until November 8, 2010, and the respondent's brief must be served and filed on or before that date.
MASTRO, J.P., DICKERSON, ENG and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court