| People v Viera, Shamar |
| Motion No: 2014-05889 |
| Slip Opinion No: 2017 NY Slip Op 93643(U) |
| Decided on November 29, 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
M242109
E/ct
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON, JJ.
|
2014-05889 The People, etc., respondent, v Shamar Viera, appellant. (Ind. No. 2406/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike Points III and IV of the appellant's brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 19, 2014. Separate motion by the respondent to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion to strike Points II and IV of the appellant's brief and the papers filed in opposition thereto, and upon the papers filed in support of the motion to enlarge the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motions are granted; and it is further,
ORDERED that Points III and IV of the appellant's brief are stricken, and on or before December 29, 2017, the appellant shall remove the stricken material from the copies of the 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 the respondent's time to serve and file a brief is enlarged until January 29, 2018, and the respondent's brief shall be served and filed on or before that date.
DILLON, J.P., LEVENTHAL, LASALLE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court