People v Affoon, Kevin
Motion No: 2004-10369
Slip Opinion No: 2006 NYSlipOp 60764(U)
Decided on January 17, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34905

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-10369

The People, etc., respondent,

v Kevin Affoon, appellant.

(Ind. No. 1614/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to recall and vacate a decision and order on motion of this court, dated October 24, 2005, which granted his application for leave to serve and file a supplemental brief on his appeal from a judgment of the County Court, Nassau County, rendered November 19, 2004, and to deem the application withdrawn.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, the decision and order on motion dated October 24, 2005, is recalled and vacated, and the appellant's application for leave to serve and file a supplemental brief is deemed withdrawn.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court