People v Rodriguez, Jose
Motion No: 2012-10315
Slip Opinion No: 2015 NY Slip Op 92102(U)
Decided on December 1, 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

M202474

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2012-10315

The People, etc., respondent,

v Jose Rodriguez, appellant.

(Ind. No. 2012/11)

DECISION & ORDER ON MOTION

Motion by the appellant to strike certain portions of the respondent's brief on an appeal from a judgment of the Supreme Court, Queens County, rendered October 24, 2012, and to enlarge his time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to strike certain portions of the respondent's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant's time to serve and file a reply brief is granted, the appellant's time to serve and file a brief is enlarged until December 23, 2015, and the reply brief must be served and filed on or before that date.

RIVERA, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court