People v Spagnola, Anthony J.
Motion No: 2016-13186
Slip Opinion No: 2019 NY Slip Op 80915(U)
Decided on September 30, 2019
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M266241

E/sl

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

VALERIE BRATHWAITE NELSON, JJ.

2016-13186

The People, etc., respondent,

v Anthony J. Spagnola, appellant.

(Ind. No. 16-00275)

DECISION & ORDER ON MOTION

Motion by the respondent to strike a portion of the appellant's reply brief on an appeal from a judgment of the County Court, Orange County, rendered November 22, 2016, on the ground that it refers to matter dehors the record.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

SCHEINKMAN, P.J., RIVERA, CHAMBERS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court