| People v Lippe, Werner |
| Motion No: 2011-03570 |
| Slip Opinion No: 2015 NY Slip Op 92948(U) |
| Decided on December 8, 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
M202899
E/sl
JOHN M. LEVENTHAL, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2011-03570 The People, etc., respondent, v Werner Lippe, appellant. (Ind. No. 08-01605)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's reply brief on an appeal from a judgment of the County Court, Westchester County, rendered March 29, 2011, on the ground that it improperly raises issues for the first time on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that Point I of the appellant's reply brief is stricken and on or before December 23, 2015, the appellant shall either remove Point I from the copies of the appellant's reply brief filed with the Clerk of the Court or serve and file a replacement appellant's reply brief that does not contain the stricken material, and the motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the appellant may move for leave to serve and file a supplemental brief on or before December 29, 2015, if he be so advised.
LEVENTHAL, J.P., CHAMBERS, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court