| People v Krivak, Andrew F. |
| Motion No: 2019-06055 |
| Slip Opinion No: 2020 NY Slip Op 66619(U) |
| Decided on May 28, 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
M271034
kbp/
RUTH C. BALKIN, J.P.
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2019-06055 The People, etc., appellant, v Andrew F. Krivak, respondent. (Ind. No. 39/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to strike the respondent's brief, or stated portions of the respondent's brief, on an appeal from an order of the County Court, Putnam County, entered May 9, 2019, on the ground that stated portions of the respondent's brief refer to matter dehors the record, and to extend the time to serve and file a reply brief. Cross motion by the respondent, inter alia, to extend the time to serve and file a respondent's appendix.
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 cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, inter alia, to strike the respondent's brief, or stated portions of the respondent's 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 cross motion is granted to the extent that on or before June 29, 2020, the respondent shall serve a respondent's appendix and upload digital copies of the respondent's appendix, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the respondent's appendix in accordance with any applicable administrative order or other order to be issued by the Court, and the cross motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is extended, and on or before July 13, 2020, the appellant shall serve the reply brief and upload digital copies of the reply brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the reply brief in accordance with any applicable administrative order or other order to be issued by the Court.
BALKIN, J.P., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court