| People v Gonzalez, Kahlil O. |
| Motion No: 2010-00378 |
| Slip Opinion No: 2011 NY Slip Op 68901(U) |
| Decided on April 4, 2011 |
| 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
M117989
E/ct
MARK C. DILLON, J.P.
ANITA R. FLORIO
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
|
2010-00378 The People, etc., respondent, v Kahlil O. Gonzalez, appellant. (S.C.I. No. 08-00784)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered December 2, 2009, on the ground that it refers to matter dehors the record, and, in effect, to enlarge the time to serve and file a 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 which is to strike the appellant's brief is granted, and on or before April 26, 2011, the appellant shall serve and file a replacement brief that does not contain exhibits or refer to matter dehors the record; and it is further,
ORDERED that the branch of the motion which is, in effect, to enlarge the time to serve and file a brief is denied as premature.
DILLON, J.P., FLORIO, CHAMBERS and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court