| People of State of New York v Michael Palmeri |
| Motion No: 2011-02142 wcr |
| Slip Opinion No: 2011 NY Slip Op 85330(U) |
| Decided on September 23, 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 Michael Palmeri, Appellant. |
Motion by respondent to strike the appellant's brief on an appeal from a judgment of conviction of the City Court of White Plains, Westchester County, rendered June 17, 2011, or, in the alternative, in effect, for an enlargement of time to serve and file a respondent's brief. Separate motion by appellant for a calendar preference.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for the purpose of disposition; and it is further,
ORDERED that appellant's motion is granted and the matter will be placed on the next available ready day calendar; and it is further,
ORDERED that the branch of respondent's motion seeking to strike the appellant's brief is denied; and it is further,
ORDERED that the branch of respondent's motion seeking, in effect, an enlargement of time to serve and file a respondent's brief is granted and the respondent's brief shall be served and filed within 14 days of the date of this decision and order. Appellant, if he be so advised, may serve and file a reply brief within 7 days of the date that the respondent's brief is due to be filed pursuant to this decision and order.
It is noted 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