| People v Oddone, Anthony |
| Motion No: 2010-04080 |
| Slip Opinion No: 2010 NY Slip Op 90549(U) |
| Decided on December 13, 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
M112545
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
LEONARD B. AUSTIN, JJ.
|
2010-04080 The People, etc., respondent, v Anthony Oddone, appellant. (Ind. No. 2168-08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike the respondent's brief on an appeal from a judgment of the County Court, Suffolk County, rendered April 14, 2010, on the ground that page reference citations to the trial transcript are improper. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, on or before January 10, 2011, the appellant shall settle the transcript and either (1) advise the court, in writing, that the transcript requires no corrections, (2) make changes to the trial transcripts contained in the copies of the appendix filed with the Clerk of the court, or (3) serve and file a supplemental appendix containing an errata sheet reflecting the corrections to the trial transcript; and it is further,
ORDERED that motion is granted, and the respondent's brief is stricken, the respondent shall serve and file a replacement brief on or before February 18, 2011, that refers to the transcript as paginated in the appellant's appendix, with citations to the supplemental appendix, if necessary; in the event that a motion to settle the transcript is made, the respondent shall submit a letter application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief and the Court shall set a date for the respondent's replacement brief after the motion is decided; and it is further,
ORDERED that the application is denied as premature.
RIVERA, J.P., DILLON, ANGIOLILLO and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court