| People v Baker, Joanne |
| Motion No: 2014-00389 |
| Slip Opinion No: 2015 NY Slip Op 66989(U) |
| Decided on March 13, 2015 |
| 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
M188987
E/sl
PETER B. SKELOS, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
|
2014-00389 The People, etc., respondent, v Joanne Baker, appellant. (Ind. No. 09-00670)
| DECISION & ORDER ON MOTION |
Motion by Howard R. Birnbach for leave to withdraw as counsel for the appellant on an appeal from an amended judgment of the County Court, Westchester County, rendered November 19, 2013. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief
Upon the papers filed in support of the motion and the papers filed in relation 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 denied as unnecessary as the appellant has retained new counsel; and it is further,
ORDERED that on the Court's own motion, the appellant's brief is stricken, and on or before May 15, 2015, the appellant shall file a replacement brief; and it is further,
ORDERED that the application is denied as premature.
SKELOS, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court