PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 12-01719
Indictment No: 00611-2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ANGEL R. ESCALERA, DEFENDANT-APPELLANT.

Appellant having moved for permission to file and serve a supplemental brief on the appeal taken from a judgment of Supreme Court, Erie County rendered September 12, 2012, and for other relief,

Now upon reading and filing the affirmation of Sherry A. Chase, Esq. dated February 21, 2014, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the brief filed on December 31, 2013 is deemed stricken, and

It is further ORDERED that appellant shall file 10 copies of a replacement brief, with proof of service of one copy on each opposing party to the appeal, on or before March 18, 2014, and

It is further ORDERED that respondent shall file a brief, if any, on or before April 17, 2014, and

It is further ORDERED that appellant shall file a reply brief, if any, on or before May 2, 2014, and

It is further ORDERED that the motion is otherwise denied.

Memorandum: When the parties or their attorneys are unable to agree and stipulate to the contents of the complete record on appeal, the contents of the record must be settled by the court from which the appeal was taken. It shall be the obligation of the appellant to make the application to settle the record (see 22 NYCRR 1000.3[a][1][ii]).

Entered: March 3, 2014

Frances E. Cafarell, Clerk