Opinion
Motion No: 2010-06685 Ind. No. 09-01301 M139727
06-26-2012
The People, etc., respondent, v. Arthur Hines, appellant.
, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent on an appeal from a judgment of the Supreme Court, Westchester County, rendered June 11, 2010, to strike the appellant's pro se supplemental brief and appendix to the supplemental brief on the ground that they refer to or contain matter dehors the record. Separate motion by the appellant pro se for leave to file an appendix to his pro se supplemental brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the respondent's motion which is to strike the appellant's pro se supplemental 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 respondent's motion which is to strike the appendix to the supplemental brief is denied as academic as the appendix was removed from the pro se supplemental brief before filing; and it is further,
ORDERED that the appellant's motion is denied.
DILLON, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court