| THE PEOPLE V JAVELL FOX |
| Motion No: KA 13-01962 |
| Slip Opinion No: 2016 NY Slip Op 83583(U) |
| Decided on August 18, 2016 |
| Appellate Division, Fourth 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. |
PRESENT: CARNI, J.P., LINDLEY, NEMOYER, CURRAN, AND SCUDDER, JJ.
KA 13-01962
Indictment No: 11-455
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAVELL FOX,
DEFENDANT-APPELLANT. |
Respondent having moved to strike the brief and record filed by appellant for the appeal taken from an order of Supreme Court, Oneida County, dated September 20, 2013, and for other relief,
Now, upon reading and filing the affirmations of Steven G. Cox, Esq. dated July 18, 2016 and July 27, 2016, the notices of motion with proof of service thereof, the affidavit of Javell Fox sworn to July 22, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion to strike the brief and record filed by appellant is granted, and
It is further ORDERED that the Clerk of the Court shall remit to appellant the papers submitted as the record on appeal and any briefs submitted to this Court, and
It is further ORDERED that the appeal shall be removed from the calendar for the term of this Court commencing on January 9, 2017, and
It is further ORDERED that appellant shall perfect the appeal on or before November 16, 2016, and
Is it further ORDERED that the motion seeking an extension of time to file and serve a respondent's brief is hereby dismissed as unnecessary.
Entered: August 18, 2016
Frances E. Cafarell, Clerk