Appellate Division: Second Judicial Department

M158823

E/sl

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2012-03312 The People, etc., respondent, v Justin J. Wornell, appellant. (Index No. 283/11)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the record and the appellant's brief on an appeal from a judgment of the County Court, Dutchess County, dated March 8, 2012, on the ground that the record contains confidential material or matter dehors the record and the brief refers to matter dehors the record or, in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to strike the presentence report and evaluation summary on pages 34 through 58 of the record is granted, and on or before July 18, 2013, the appellant shall remove those pages from the copies of the record filed with the Clerk of the Court; and it is further,

ORDERED that the branch of the motion which is to strike from the record the affidavits on pages 59 through 62 of the record and those portions of the brief which refer to those affidavits 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 motion which is to enlarge the time to serve and file a brief is denied as academic as the respondent's brief was filed on June 20, 2013.

SKELOS, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court