Appellate Division: Second Judicial Department

M305556

AFA/

VALERIE BRATHWAITE NELSON, J.P.

WILLIAM G. FORD

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2021-07194 People of State of New York, respondent, v Julius C. Boone, appellant.

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated September 30, 2021. Motion by the appellant to strike certain material filed in this Court by the respondent and stated portions of the respondent's brief on the ground that the material is dehors the record and the respondent's brief refers to matter dehors the record, and to extend the time to serve and file a 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 certain material filed in this Court by the respondent and stated portions of the respondent's 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 branch of the motion which is to extend the time to serve and file a reply brief is granted, and on or before June 20, 2025, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website.

BRATHWAITE NELSON, J.P., FORD, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court