| People v Walker, Marell |
| Motion No: 2013-05608 |
| Slip Opinion No: 2020 NY Slip Op 66485(U) |
| Decided on May 22, 2020 |
| 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. |
Appellate Division: Second Judicial Department
M270970
kbp/
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
|
2013-05608 The People, etc., respondent, v Marell Walker, appellant. (Ind. No. 4365/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's reply brief or stated portions of the appellant's reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 20, 2013, on the ground that they improperly raise arguments for the first time on appeal or refer to matter dehors the record, or, in the alternative, for leave to serve and file a sur-reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the appellant's reply brief or stated portions of the appellant's reply brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., LEVENTHAL, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court