People v Chisholm, Derek
Motion No: 2013-09294
Slip Opinion No: 2015 NY Slip Op 87378(U)
Decided on October 14, 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

M199957

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2013-09294, 2014-04522

The People, etc., respondent,

v Derek Chisholm, appellant.

(Ind. No. 1129/06)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from a judgment of the Supreme Court, Queens County, rendered January 6, 2009, as amended September 4, 2013, and, by permission, from an order of the same court dated April 29, 2014, to strike stated portions of the appellant's brief on the ground that they refer to matters 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 held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

DILLON, J.P., SGROI, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court