| People of State of New York v Adams |
| Motion No: 2010-03658 |
| Slip Opinion No: 2010 NY Slip Op 90061(U) |
| Decided on December 8, 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
M112164
E/sl
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2010-03658 People of State of New York, respondent, v Byron Adams, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike the respondent's brief on an appeal from an order of the County Court, Westchester County, entered March 11, 2010, on the ground that it refers to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that footnote 5 on page 8 and footnote 7 on page 11 of the respondent's brief are stricken, and on or before January 3, 2011, the respondent shall remove the stricken material from the copies of the brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material.
MASTRO, J.P., COVELLO, ROMAN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court