Opinion
Motion No: 2011-09182 2012-04768 Ind. No. 124/10 M139948
07-02-2012
The People, etc., appellant, v. Rickey Lynch, respondent.
, J.P.
THOMAS A. DICKERSON
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant on appeals from two orders of the County Court, Nassau County, dated August 26, 2011, and March 27, 2012, respectively, to enlarge the record filed in connection with the appeal from the order dated August 26, 2011 (Appellate Division Docket No. 2011-09182), to include the order dated March 27, 2012, as well as the underlying motion papers filed in connection with that motion. Cross motion by the respondent to strike the appellant's brief on the ground that it refers to matter dehors the record and dismiss the appeal, or, in the alternative, to enlarge the respondent's time to serve and file a brief.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeals from the order dated August 26, 2011, and the order entered March 28, 2012, are consolidated, and on or before August 1, 2012, the appellant shall file a supplemental appendix containing the order dated March 27, 2012, and the notice of appeal from that order; and it is further,
ORDERED that the motion is denied as unnecessary; and it is further,
ORDERED that the branch of the cross motion which is to strike the appellant's brief is granted and the appellant's brief is stricken; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal is denied on condition that on or before August 1, 2012, the appellant remove pages 338 through 347 from the copies of the appellant's appendix filed with the Clerk of the Court and file a replacement brief that does not refer to the stricken material and which may raise any issues concerning the order dated March 27, 2012; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 1, 2012, and the respondent shall serve one copy of his brief and to file nine copies thereof on or before that date; and it is further,
ORDERED that the cross motion is otherwise denied.
SKELOS, J.P., DICKERSON, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court