| People v Perry, Robert |
| Motion No: 2013-09651 |
| Slip Opinion No: 2015 NY Slip Op 84150(U) |
| Decided on September 10, 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
M198260
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX, 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 footnote 5 of the appellant's brief on an appeal from an order of the Supreme Court, Richmond County, dated September 11, 2013, on the ground that it refers to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, footnote 5 of the appellant's brief is stricken, and on or before October 2, 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.
MASTRO, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court