Appellate Division: Second Judicial Department

M242110

E/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2014-05508 The People, etc., respondent, v Terell Viera, appellant. (Ind. No. 2406/11)

DECISION & ORDER ON MOTION

Motion by the respondent to strike Point VI 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 Point VI 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 point VI of the appellant's brief is 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