| People v Nealon, Kenneth |
| Motion No: 2009-09234 |
| Slip Opinion No: 2013 NY Slip Op 80546(U) |
| Decided on July 23, 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. |
Appellate Division: Second Judicial Department
M159754
E/nl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2009-09234 The People, etc., respondent, v Kenneth Nealon, appellant. (Ind. No. 608/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike stated portions of the respondent's brief on an appeal from a judgment of the Supreme Court, Queens County, rendered September 21, 2009, inter alia, on the ground that they refer to matter dehors the record, and 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, it is
ORDERED that the branch of the motion which is to strike stated portions of the respondent's 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 motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until August 23, 2013, and the reply brief must be served and filed on or before that date.
RIVERA, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court