| People v Hamilton, Derrick |
| Motion No: 2011-07335 |
| Slip Opinion No: 2012 NY Slip Op 92375(U) |
| Decided on December 4, 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
M147530
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
|
2011-07335 The People, etc., respondent, v Derrick Hamilton, appellant. (Ind. No. 142/91)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike certain material in the appellant's appendix and references to that material in the appellant's brief on the ground that it contains or refers to matter dehors the record on an appeal from an order of the Supreme Court, Kings County, dated July 11, 2011. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion 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 application is granted, the appellant's time to serve and file a reply brief is enlarged until December 18, 2012, and the reply brief must be served and filed on or that date.
SKELOS, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court