Appellate Division: Second Judicial Department

M263239

E/mm

LEONARD B. AUSTIN, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2017-02527, 2017-02528 The People, etc., respondent, v Ramone Smith, appellant. (Ind. Nos. 277N/14, 793N/14)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to strike the appellant's brief on appeals from two judgments of the Supreme Court, Nassau County, both rendered February 6, 2017, on the ground that it refers to matter dehors the record. Application by the respondent, in effect, pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief.

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 opposition or in relation thereto, it is

ORDERED that the motion is granted, the appellant's brief is stricken, and on or before July 8, 2019, the appellant shall serve and file a replacement brief which does not refer to matter dehors the record; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is extended until September 9, 2019, and the respondent's brief shall be served and filed on or before that date.

AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court