Motion List released on: November 7, 2019
By Balkin, J.P.; Miller, Maltese and Lasalle, JJ. PEOPLE, etc., res, v. Marell Walker, ap — Motion by respondent, inter alia, to strike stated portions of the appellant’s brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 20, 2013, on the ground that they refer to matter dehors the record. Separate motion by the respondent to remit the matter to the Supreme Court, Kings County, in effect, to settle the transcript of the sentencing proceeding and to hold the appeal in abeyance in the interim. Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is ORDERED that the branch of the motion which is to strike stated portions of the appellant’s brief is granted, and the following material is stricken from the appellant’s brief: (1) footnote 3 on pages 19 and 20; (2) the paragraph that begins on page 52 and ends on page 53; (3) the last sentence of the first full paragraph on page 53; (4) the words “as Yohance seemed to believe a month after the crime when Yohance tried to kill Morgan,” which are contained in the third sentence of the last paragraph on page 55; (5) the last paragraph on page 60; (6) the first sentence on page 61; and (7) the third sentence of the last paragraph on page 66; and it is further, ORDERED that on or before December 6, 2019, the appellant shall remove the stricken material from the copies of the appellant’s brief filed with the Clerk of the Court and file a replacement digital copy of the appellant’s brief which does not contain the stricken material, or serve and file a replacement appellant’s brief, in both hard copy format and digital format in accordance with the rules of the Court (see 22 NYCRR 1250.9[a][1]), which does not contain the stricken material; and it is further, ORDERED that on the Court’s own motion, the respondent’s time to serve and file a brief is extended until January 10, 2019, and the respondent’s brief shall be served and filed on or before that date; and it is further, ORDERED that the branch of the respondent’s motion which is to remit the matter to the Supreme Court, Kings County, is denied without prejudice to the parties settling the transcript of the sentencing proceeding in the Supreme Court, Kings County, pursuant to CPLR 5525(c); and it is further, ORDERED that the motions are otherwise denied. BALKIN, J.P., MILLER, MALTESE and LASALLE, JJ., concur.
