| People of State of New York v Kevin Laclair |
| Motion No: 2021-00671 NCR |
| Slip Opinion No: 2022 NY Slip Op 76458(U) |
| Decided on December 20, 2022 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, P.J.
ELIZABETH H. EMERSON
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Appellant, v Kevin LaClair, Respondent. |
Motion by appellant on an appeal from an order of the District Court of Nassau County, First District, dated September 22, 2021, to strike matters dehors the record from respondent's appendix and brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
Matters that are dehors the record will not be considered on appeal (see Westchester Med. Ctr. v GMAC Ins. Co. Online, Inc., 80 AD3d 603 [2011]; Chimarios v Duhl, 152 AD2d 508 [1989]). However, what is properly considered a part of the record will be determined at the time the appeal is reviewed.
Driscoll, J., taking no part.
ENTER:
Paul Kenny
Chief Clerk