People v Mannina, Matthew
Motion No: 2009-05089
Slip Opinion No: 2011 NY Slip Op 79447(U)
Decided on July 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M123539

E/mv

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2009-05089

The People, etc., respondent,

v Matthew Mannina, appellant.

(Ind. No. 07-01015)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the appellant's brief on an appeal from an amended judgment of the County Court, Orange County, rendered May 14, 2009, or to direct the appellant to serve the transcript of the proceedings which occurred on August 8, 2008, upon the respondent and to enlarge the respondent's time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to direct the appellant to serve the transcript of the proceedings which occurred on August 8, 2008, and to enlarge the respondent's time to serve and file a brief is granted, the appellant shall serve the transcript on the respondent on or before August 9, 2011, and the respondent's time to serve and file a brief is enlarged until September 8, 2011, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court