| People ex rel. Blake, also known as Barnett v Pataki |
| Motion No: 2010-08526 |
| Slip Opinion No: 2012 NY Slip Op 64085(U) |
| Decided on February 10, 2012 |
| 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
M133207
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
|
2010-08526 The People etc., ex rel. Howard Glenn Blake, also known as Larry W. Barnett, respondent, v George Pataki, appellant. (Index No. 18800-06)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike stated portions of the appellant's brief on an appeal from an order of the Supreme Court, Suffolk County, dated August 12, 2010, on the ground that they refer to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the material on page 28 beginning with the heading "update" and ending with the words "must be reversed," as well as Footnote 3, are stricken and the motion is otherwise denied; and it is further,
ORDERED that on or before March 12, 2012, the appellant shall remove the stricken material from the copies of the appellant's brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material.
RIVERA, J.P., ANGIOLILLO, LEVENTHAL and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court