Appellate Division: Second Judicial Department

M309644

AFA/

CHERYL E. CHAMBERS, J.P.

DEBORAH A. DOWLING

LILLIAN WAN

ELENA GOLDBERG VELAZQUEZ, JJ.

2023-05903 The People, etc., respondent, v John J. Villela, appellant. (Ind. No. 72351/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Westchester County, rendered May 25, 2023. Motion by the respondent to strike the appellant's brief on the ground that it refers to matter dehors the record. Separate motion by the respondent to extend the time to serve and file a brief.

Upon the papers filed in support of the motion to strike the appellants brief on the ground that it refers to matter dehors the record and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to strike the appellant's brief on the ground that it refers to matter dehors the record is denied; and it is further,

ORDERED that the motion to extend the time to serve and file a brief is granted, and on or before January 2, 2026, 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., DOWLING, WAN and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court