| People of State of New York v Yobany A. Cardoza |
| Motion No: 2013-01828 SCR |
| Slip Opinion No: 2014 NY Slip Op 80307(U) |
| Decided on July 14, 2014 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANGELA G. IANNACCI, J.P.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Yobany A. Cardoza, Appellant. |
Motion by respondent on an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered April 9, 2012, to strike the appellant's brief, or, in the alternative, for an enlargement of time to submit a respondent's brief. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's motion.
Upon the papers filed in support of the motions and the papers filed in opposition to appellant's motion, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that the branch of respondent's motion seeking to strike the appellant's brief is denied; and it is further,
ORDERED that the branch of respondent's motion seeking an enlargement of time to submit a respondent's brief is granted and respondent shall serve and file said brief within 30 days of this decision and order on motion; and it is further,
ORDERED that appellant, if he be so advised, may serve and file a reply brief within 14 days of the date that the respondent's brief is due to be filed pursuant to this decision and order on motion; and it is further,
ORDERED that appellant's motion for an enlargement of time to serve and file papers in opposition to respondent's motion is denied.
ENTER:
Paul Kenny Chief Clerk