People v Duart, Douglas
Motion No: 2010-03955
Slip Opinion No: 2013 NY Slip Op 79219(U)
Decided on July 10, 2013
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M159188

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

CHERYL E. CHAMBERS

SANDRA L. SGROI, JJ.

2010-03955, 2011-02390, 2012-09052

The People, etc., respondent,

v Douglas Duart, appellant.

(S.C.I. No. 553-09)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered April 1, 2009, and appeals from a judgment and an amended judgment of the same court both rendered January 25, 2011, for leave to raise an additional argument in the supplemental brief. Application by the appellant to withdraw Point II of the supplemental brief submitted to the Clerk of the Court.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and 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 granted and on or before July 30, 2013, the appellant shall serve and file a supplemental brief in the form submitted to the Clerk of the Court, which omits Point II.

MASTRO, J.P., SKELOS, CHAMBERS and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court