People v Fox, John
Motion No: 2007-11200
Slip Opinion No: 2014 NY Slip Op 68046(U)
Decided on March 31, 2014
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

M171671

E/sl

THOMAS A. DICKERSON, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2007-11200

The People, etc., respondent,

v John Fox, appellant.

(Ind. No. 8607/06)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated material on page 39 of the appellant's brief on an appeal from a judgment of the Supreme Court, Kings County, rendered November 20, 2007, on the ground that it refers to matter dehors the record. 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 April 28, 2014, and the reply brief must be served and filed on or before that date.

DICKERSON, J.P., HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court