People v Sutton, Justin
Motion No: 2014-07998
Slip Opinion No: 2016 NY Slip Op 82021(U)
Decided on August 10, 2016
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

M216276

E/sl

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2014-07998

The People, etc., respondent,

v Justin Sutton, appellant.

(Ind. No. 13-00870)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the appellant's brief on an appeal from a judgment of the County Court, Westchester County, rendered June 25, 2014. Separate motion by the appellant for leave to file a supplemental brief.

Upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is

ORDERED that the respondent's motion is granted, and on or before September 9, 2016, the appellant shall serve and file a replacement brief; and it is further,

ORDERED that the appellant's motion is denied as academic in light of the determination of the respondent's motion.

BALKIN, J.P., SGROI, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court