People of State of New York v James A. Tomassi
Motion No: 2009-02338 scr
Slip Opinion No: 2011 NY Slip Op 62893(U)
Decided on January 25, 2011
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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

DENISE F. MOLIA

JOHN R. LaCAVA, JJ.

DECISION & ORDER ON MOTION

2009-2338 S CR
The People of the State of New York, Respondent, v James A. Tomassi, Appellant.



2008SU036364, 2008SU036365, 2009SU045929,
2009SU027266S, 2009SU028040S, 2009SU028109S
2009SU028450S, 2009SU042676S, 2009SU0451205S

Motion by respondent to strike the appellant's brief on an appeal from judgments of conviction of the District Court of Suffolk County, First District, rendered October 16, 2009, or in the alternative, 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 an enlargement of time to submit a respondent's brief is granted, and the respondent's brief shall be served and filed within 21 days of the date 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 decision and order.

ENTER:

Francis A. Nicolai

Presiding Justice