Appellate Division: Second Judicial Department

M299379

AFA/

MARK C. DILLON, J.P.

BARRY E. WARHIT

LILLIAN WAN

DONNA-MARIE E. GOLIA, JJ.

2023-04475 The People, etc., respondent, v Gregg Hogan, appellant. (Ind. No. 71521/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered April 6, 2023. Motion by the respondent to strike the appellant's brief and appendix on the ground that the appendix is inadequate. Motion by the appellant pro se for leave to serve and file a supplemental brief and to be furnished with copies of the typewritten transcripts of the proceedings, if any.

Upon the papers filed in support of the motion by the respondent and the papers filed in relation thereto, and upon the papers filed in support of the motion by the appellant pro se and the papers filed in opposition thereto, it is

ORDERED that the motion by the respondent is granted, the appellant's brief and appendix are stricken, and on or before October 21, 2024, the appellant shall serve a replacement brief and appendix which contain copies of the relevant transcripts of the proceedings, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and appendix and upload digital copies of the replacement appendix and brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion by the appellant pro se is denied.

DILLON, J.P., WARHIT, WAN and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court