People v Fields, Thomas
Motion No: 2010-03821
Slip Opinion No: 2014 NY Slip Op 79959(U)
Decided on August 7, 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

M177749

T/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

COLLEEN D. DUFFY, JJ.

2010-03821

The People, etc., respondent,

v Thomas Fields, appellant.

(Ind. No. 14/10)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Richmond County, rendered April 16, 2010, to strike the appellant's pro se supplemental brief on the ground that it refers to matter dehors the record. Separate motion by the appellant pro se, in effect, for leave to serve and file a replacement pro se supplemental brief. Separate motion by the appellant pro se for leave to serve and file a pro se supplemental reply brief.

Upon the papers filed in support of the motion to strike the appellant's pro se supplemental brief and the papers filed in opposition thereto, and upon the papers filed in support of the motion, in effect, for leave to serve and file a replacement pro se supplemental brief and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion for leave to serve and file a pro se supplemental reply brief and no papers having been submitted in opposition or in relation thereto, it is

ORDERED that the motion to strike the appellant's pro se supplemental brief is granted, and the pro se supplemental brief is stricken; and it is further,

ORDERED that the motion, in effect, for leave to serve and file a replacement pro se supplemental brief is granted, and the appellant's replacement pro se supplemental brief shall be served and filed on or before October 6, 2014; and it is further,

ORDERED that the appellant shall file nine copies of the replacement pro se supplemental brief and serve one copy on the District Attorney; and it is further,

ORDERED that on the Court's own motion, the brief filed by the respondent in response to the appellant's pro se supplemental brief is stricken; and it is further,

ORDERED that the motion for leave to serve and file a pro se supplemental reply brief is denied as premature.

RIVERA, J.P., DICKERSON, CHAMBERS and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court