People v Castano, Brayan
Motion No: 2022-05192
Slip Opinion No: 2024 NY Slip Op 68704(U)
Decided on May 31, 2024
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M296751

AFA/

FRANCESCA E. CONNOLLY, J.P.

BARRY E. WARHIT

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2022-05192

The People, etc., respondent,

v Brayan Castano, appellant.

(Ind. No. 1784/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Nassau County, rendered June 3, 2022. Motion by the respondent to strike stated portions of the appellant's reply brief on the ground that they 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 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.

CONNOLLY, J.P., WARHIT, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court