| People of State of New York v Kamil Podmalovsky |
| Motion No: 2017-00399 SCR |
| Slip Opinion No: 2018 NY Slip Op 66864(U) |
| Decided on March 7, 2018 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Kamil Podmalovsky, Appellant. |
Motion by appellant to strike the respondent's brief on an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered November 30, 2016, or, in the alternative, to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to strike the respondent's brief is denied; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to serve and file a reply brief is granted and the reply brief shall be served and filed within 10 days of the date of this decision and order on motion.
This court will not consider material that is outside the record on appeal (see Chimarios v Duhl, 152 AD2d 508 [1989]).
ENTER:
Paul Kenny
Chief Clerk