PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

Indictment No: 2013-073
KA 14-01445
Indictment No: 2013-165

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOEL A. TULL, DEFENDANT-APPELLANT. (APPEAL NO. 1.) THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOEL A. TULL, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Respondent having moved to strike the brief filed by counsel for appellant for the appeals taken from the judgments of the Cayuga County Court, rendered May 22, 2014, and for other relief,

Now, upon reading and filing the affidavit of Christopher T. Valdina, Esq. sworn to August 28, 2017, the notice of motion with proof of service thereof, the affidavit of Matthew Borowski, Esq. sworn to September 8, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the brief filed by counsel for appellant is stricken, and

It is further ORDERED that the Clerk of the Court shall remit to counsel for appellant the copies of the brief submitted to this Court, and

It is further ORDERED that the counsel for appellant shall file 10 copies of a brief, with proof of service of one copy on defendant and the People on or before October 13, 2017, and

It is further ORDERED that the time to file and serve a respondent's brief is extended to November 13, 2017, and

It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to November 28, 2017, and

It is further ORDERED that the motion is otherwise denied.

Entered: September 13, 2017

Frances E. Cafarell, Clerk