Appellate Division: Second Judicial Department

M139727

E/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2010-06685 The People, etc., respondent, v Arthur Hines, appellant. (Ind. No. 09-01301)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Westchester County, rendered June 11, 2010, to strike the appellant's pro se supplemental brief and appendix to the supplemental brief on the ground that they refer to or contain matter dehors the record. Separate motion by the appellant pro se for leave to file an appendix to his pro se supplemental brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the respondent's motion which is to strike the appellant's pro se supplemental brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the respondent's motion which is to strike the appendix to the supplemental brief is denied as academic as the appendix was removed from the pro se supplemental brief before filing; and it is further,

ORDERED that the appellant's motion is denied.

DILLON, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court