| People v Vargas, Lee |
| Motion No: 2019-02178 |
| Slip Opinion No: 2025 NY Slip Op 66155(U) |
| Decided on April 4, 2025 |
| 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
M304102
AFA/
CHERYL E. CHAMBERS, J.P.
LINDA CHRISTOPHER
CARL J. LANDICINO
JAMES P. MCCORMACK, JJ.
|
2019-02178 The People, etc., respondent, v Lee Vargas, appellant. (Ind. No. 162/2017)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Queens County, rendered February 8, 2019. Motion by the respondent to strike stated portions of the appellant's brief on the ground that they refer to materials that were marked confidential by the Supreme Court, Queens County, and to extend the time to serve and file a 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 brief is granted to the extent that the appellant's brief is marked confidential and may not be viewed by the public, but may be viewed by the parties to the proceeding, counsel appearing on their behalf, or representatives of counsel, authorized in writing to view the confidential material; and it is further,
ORDERED that on the Court's own motion, the filing entitled "Pre-Sentence Report and Exhibits for Defendant-Appellant" is stricken, and on or before May 5, 2025, the appellant shall serve and file replacement exhibit files with a separate volume under seal containing the August 2016 and September 2016 medical records of the complainant, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement exhibit files and upload digital copies of the replacement exhibit files, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before June 4, 2025, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
CHAMBERS, J.P., CHRISTOPHER, LANDICINO and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court