Appellate Division: Second Judicial Department

M273774

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2016-03986 The People, etc., respondent, v Marlondo Matthews, appellant. (Ind. No. 3688/2014)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered April 6, 2016. Motion by the respondent to strike stated portions of the appellant's brief on the ground that it refers to matter dehors the record and to direct the appellant to serve and file a replacement brief. Separate motion by the appellant pro se for leave to serve and file a supplemental brief. Application by the respondent 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 respondent's motion and the papers filed in opposition thereto, upon the papers filed in support of the appellant's motion and the papers filed in relation 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 respondent's motion is granted, on or before December 14, 2020, the appellant shall serve a replacement brief that does not refer to matter dehors the record and upload digital copies of the replacement 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 replacement brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the appellant's motion is denied; and it is further,

ORDERED that the application is denied without prejudice to renew after the appellant files a replacement brief.

RIVERA, J.P., ROMAN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court