Appellate Division: Second Judicial Department

M269039

kbp/

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2014-11608 The People, etc., respondent, v Rosendo Torres, appellant. (Ind. No. 139N/13)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the appellant's brief on an appeal from a judgment of the Supreme Court, Nassau County, rendered December 11, 2014, on the ground that they refer to matter dehors the record. Application by the respondent pursuant to 22 NYCRR 1250.9(g) to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application an no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and on or before February 21, 2020, the appellant shall remove Point 3 from the copies of the appellant's brief filed with the Clerk of the Court or serve and file a replacement appellant's brief which does not contain the material in Point 3; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is extended until March 23, 2020, and the respondent's brief shall be served and filed on or before that date.

DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court