Opinion
KA 12-01719 Indictment No: 00611-2011
03-03-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANGEL R. ESCALERA, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to file and serve a supplemental brief on the appeal taken from a judgment of Supreme Court, Erie County rendered September 12, 2012, and for other relief,
Now upon reading and filing the affirmation of Sherry A. Chase, Esq. dated February 21, 2014, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the brief filed on December 31, 2013 is deemed stricken, and
It is further ORDERED that appellant shall file 10 copies of a replacement brief, with proof of service of one copy on each opposing party to the appeal, on or before March 18, 2014, and
It is further ORDERED that respondent shall file a brief, if any, on or before April 17, 2014, and
It is further ORDERED that appellant shall file a reply brief, if any, on or before May 2, 2014, and
It is further ORDERED that the motion is otherwise denied.
Memorandum: When the parties or their attorneys are unable to agree and stipulate to the contents of the complete record on appeal, the contents of the record must be settled by the court from which the appeal was taken. It shall be the obligation of the appellant to make the application to settle the record (see 22 NYCRR 1000.3[a][1][ii]).
Frances E. Cafarell, Clerk