People v Velez, Michelle
Motion No: 2012-08654
Slip Opinion No: 2015 NY Slip Op 83504(U)
Decided on September 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M197595

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2012-08654

The People, etc., respondent,

v Michelle Velez, appellant.

(Ind. No. 5547/10)

DECISION & ORDER ON MOTION

Motion by the respondent to strike Point V of the appellant's brief on an appeal from a judgment of the Supreme Court, Kings County, rendered September 6, 2012. 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 it is

ORDERED that the motion is granted, Point V of the appellant's brief is stricken, and on or before September 11, 2015, the appellant shall remove Point V from the copies of the brief filed with the Clerk of the Court and remove the references to Point V from the table of contents of the briefs filed with the Clerk of the Court; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until October 26, 2015, and the respondent's brief must be served and filed on or before that date.

BALKIN, J.P., COHEN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court