Opinion
Motion 2019-03018 2020-08011
01-19-2022
The People, etc., respondent, v. Pilyong T. Yoo, appellant. Ind. No. 2287/17
Unpublished Opinion
MOTION DECISION
COLLEEN D. DUFFY, J.P., CHERYL E. CHAMBERS, LINDA CHRISTOPHER, JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
Appeals from a judgment of the County Court, Suffolk County, rendered March 14, 2018, and, by permission, from an order of the same court dated April 30, 2020. Motion by the respondent, in effect, to strike the appellant's brief on the ground that it refers to matter dehors the record. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, the appellant's brief is stricken, and on or before February 18, 2022, the appellant shall serve a replacement brief that does not contain the material on pages 1 and 2, page 3 consisting of the first two full paragraphs, page 4 consisting of the first full paragraph and the paragraph following that paragraph, page 5, and the first two lines of page 6, and upload a digital copy of the replacement brief through the digital portal on this Court's website; and it is further, ORDERED that the application is granted, and on or before March 18, 2022, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
DUFFY, J.P., CHAMBERS, CHRISTOPHER and ZAYAS, JJ., concur.