Appellate Division: Second Judicial Department

M192271

E/ct

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2013-09651 The People, etc., respondent, v Robert Perry, appellant. (Ind. No. 59/88)

DECISION & ORDER ON MOTION

Motion by the respondent to strike portions of the appellant's brief, or, in the alternative, to enlarge the record on an appeal from an order of the Supreme Court, Richmond County, dated September 11, 2013, to include certain correspondence and parole hearing transcripts.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to strike portions of the appellant's brief is granted, and the first full paragraph on page 13 of the appellant's brief is stricken; and it is further,

ORDERED that on or before June 18, 2015, the appellant shall remove the stricken material from the copies of the appellant's brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to enlarge the record on appeal is denied, the respondent's brief is stricken, and on or before July 8, 2015, the respondent shall serve and file a replacement brief that does not refer to correspondence or parole hearing transcripts.

RIVERA, J.P., COHEN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court