People v Novotny, Kyle S.
Motion No: 2022-01304
Slip Opinion No: 2025 NY Slip Op 82100(U)
Decided on December 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M309925

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2022-01304

The People, etc., respondent,

v Kyle S. Novotny, appellant.

(Ind. No. 70029/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Putnam County, rendered January 26, 2022. Motion by retained counsel for the appellant to strike the brief filed by assigned counsel, and for leave to serve and file a replacement brief on behalf of the appellant.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the brief filed by assigned counsel is stricken, and retained counsel's time to serve and file a replacement brief on behalf of the appellant is enlarged; retained counsel shall serve and file a replacement brief on behalf of the appellant on or before January 9, 2026; and it is further,

ORDERED that the brief filed by the respondent on December 31, 2024, is stricken, and the respondent shall serve and file a new brief in response to the replacement brief to be filed by retained counsel on or before February 9, 2026.

DUFFY, J.P., WOOTEN, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court