| People of State of New York v Wesley E. Martin |
| Motion No: 2009-02563 scr |
| Slip Opinion No: 2011 NY Slip Op 78116(U) |
| Decided on July 5, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANGELA G. IANNACCI, J.P.
FRANCIS A. NICOLAI
DENISE F. MOLIA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Wesley E. Martin, Appellant. |
Motion by respondent on an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered December 3, 2009, to strike the appellant's brief or portions thereof, and, in effect, for an enlargement of time to file 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 or portions thereof is denied; and it is further,
ORDERED that the branch of the motion seeking, in effect, 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.
We note that this court will not consider any matter that is dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]).
ENTER:
Paul Kenny
Chief Clerk