Opinion
Motion No: 2014-01117 SCR
03-17-2017
The People of the State of New York, Respondent, v. Lyle Pike, Appellant.
JERRY GARGUILO
JAMES V. BRANDS, JJ.
DECISION & ORDER ON MOTION
Motion by respondent an appeal from a judgment of conviction of the Justice Court of the Town of Southampton, Suffolk County, rendered May 23, 2014, to strike the appellant's brief and, in effect, to strike the appeal from the calendar.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion seeking to strike the appellant's brief on the grounds that it contains matters dehors the record and does not properly cite to the record are denied; and it is further,
ORDERED that the branch of the motion seeking, in effect, to strike the appeal from the calendar on the ground that the record is not complete because it does not contain a video that was introduced into evidence is granted and the appeal is stricken from the appeals calendar and the general calendar without prejudice to appellant moving, within 45 days of the date of this decision and order on motion, for the appeal to be heard on an abridged record (see Rules of the App Term, 9th & 10th Jud Dists [22 NYCRR] § 732.1 [b] [2]).
ENTER:
Paul Kenny
Chief Clerk