People v Alomar, Angel
Motion No: 2010-00188
Slip Opinion No: 2011 NY Slip Op 80475(U)
Decided on August 9, 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

M123028

J/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2010-00188

The People, etc., respondent,

v Angel Alomar, appellant.

(Ind. No. 06-00057)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the County Court, Orange County, dated October 30, 2009, to enlarge the record to include the transcript of proceedings which occurred on January 23, 2006, in the above-entitled action.

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 motion is denied; and it is further,

ORDERED that on the Court's own motion, on or before August 24, 2011, the respondent shall either remove any references to the January 23, 2006, proceedings contained in the brief on file with this Court, or serve and file a replacement brief that does not contain any references to the January 23, 2006, proceedings; and it is further,

ORDERED that on the Court's own motion, the appellant's time to serve and file a reply brief is enlarged until September 8, 2011, and the reply brief must be served and filed on or before that date.

RIVERA, J.P., FLORIO, DICKERSON and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court