| People of State of New York v Reali |
| Motion No: 2016-05063 |
| Slip Opinion No: 2017 NY Slip Op 93544(U) |
| Decided on November 28, 2017 |
| 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
M242052
E/afa
L. PRISCILLA HALL, J.P.
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
|
2016-05063 People of State of New York, respondent, v Paul Reali, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike a stated portion of the respondent's brief on an appeal from an order of the County Court, Dutchess County, dated April 15, 2016, on the ground that it refers to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, the first full paragraph on page 14 of the respondent's brief is stricken, and on or before December 28, 2017, the respondent shall remove the stricken material from the copies of the respondent's brief filed with the Clerk of this Court or serve and file a replacement brief that does not contain the stricken material; and it is further,
ORDERED that on the Court's own motion, the appellant's time to serve and file a reply brief is enlarged until January 12, 2018, and the reply brief, if any, shall be served and filed on or before that date.
HALL, J.P., HINDS-RADIX, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court