Appellate Division: Second Judicial Department

M226982

E/ct

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

FRANCESCA E. CONNOLLY, JJ.

2014-11761 The People, etc., respondent, v John Murray, appellant. (Ind. No. 12-01281)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike the appellant's brief on an appeal from a judgment of the County Court, Westchester County, rendered September 30, 2014, on the ground that it refers to matter dehors the record. Separate motion by the appellant pro se, inter alia, to relieve counsel assigned to prosecute the appeal and for the assignment of new counsel. Separate applications by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the respondent's motion which is to strike the appellant's brief is granted, and on or before April 18, 2017, the appellant shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,

ORDERED that the respondent's motion is otherwise denied as academic; and it is further,

ORDERED that the appellant's motion is denied without prejudice to making a motion for leave to serve and file a pro se supplemental brief after assigned counsel serves and files the replacement brief; and it is further,

ORDERED that the applications are granted, the respondent's time to serve and file a brief is enlarged until June 22, 2017, and the respondent's brief must be served and filed on or before that date.

HALL, J.P., AUSTIN, SGROI and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court