Opinion
Motion No: 2017-02228 SCR
12-02-2019
The People of the State of New York, Respondent, v. Jose Bautista, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to strike the appellant's brief on an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered October 10, 2017, or, in the alternative, for an enlargement of time to serve and file a respondent's brief. Separate application by appellant, in effect, for leave to prosecute the appeal on an abridged record dispensing with the minutes of the first call on the day of trial and for leave to withdraw Point V of the appellant's brief.
Upon the papers filed in support of the motion, and the papers filed in opposition thereto and in support of the application, it is
ORDERED that the branch of respondent's motion seeking to strike the appellant's brief is denied; and it is further,
ORDERED the branch of respondent's motion seeking an enlargement of time to serve and file a respondent's brief is granted and the respondent's brief shall be served and filed within 21 days from the date of this decision and order on motion; and it is further,
ORDERED that appellant, if he be so advised, may serve and file a reply brief within 14 days from the service of the respondent's brief; and it is further,
ORDERED that appellant's application is granted, appellant is granted leave to prosecute the appeal on an abridged record dispensing with the minutes of the first call on the day of trial and Point V of the appellant's brief is deemed withdrawn.
ENTER:
Paul Kenny
Chief Clerk