| People of State of New York v Michael J. Ballard |
| Motion No: 2017-01723 SCR |
| Slip Opinion No: 2019 NY Slip Op 67682(U) |
| Decided on April 1, 2019 |
| 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
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Michael J. Ballard, Appellant. |
Motion by respondent to strike the appellant's brief on an appeal from a judgment of conviction of the Justice Court of the Town of Shelter Island, Suffolk County, rendered August 21, 2017, or, in the alternative, to enlarge the time to serve and file a respondent's brief. Separate application by appellant, in effect, for leave to withdraw point II of the appellant's brief and to appeal on an abridged record limited to the record which has previously been filed with this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in relation thereto, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's application are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's application, in effect, for leave to appeal on an abridged record and to withdraw point II of the appellant's brief is granted and point II of the appellant's brief is deemed withdrawn; and it is further,
ORDERED that the branch of respondent's motion seeking to strike the appellant's brief is denied; and it is further,
ORDERED that the branch of respondent's motion seeking an enlargement of time to serve and file a respondent's brief is granted and respondent shall serve and file its brief within 30 days of this decision and order on motion; and it is further,
ORDERED that the appellant, if he be so advised, may serve and file a reply brief within seven days from the service of the respondent's brief.
ENTER:
Paul Kenny Chief Clerk