| People v Rush, Eddie |
| Motion No: 2003-05072 |
| Slip Opinion No: 2006 NYSlipOp 70958(U) |
| Decided on June 23, 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. |
Appellate Division: Second Judicial Department
M41369
S/sl
DAVID S. RITTER, J.P.
WILLIAM F. MASTRO
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2003-05072 The People, etc., respondent, v Eddie Rush, appellant. (Ind. No. 404/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered May 20, 2003, to recall and vacate a decision and order on motion of this court dated February 23, 2006, which recalled and vacated a decision and order on motion of this court dated November 26, 2004, granting his motion for leave to serve and file a supplemental pro se brief, to reinstate the decision and order on motion dated November 26, 2004, and to enlarge the time to serve and file the supplemental brief. By decision and order dated May 2, 2006, the appellant's assigned counsel was relieved, and new counsel was assigned and directed to serve and file a brief raising additional issues (see People v Rush, _____ AD3d _____ [2d Dept., May 2, 2006]).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew, if necessary, after newly assigned counsel files a brief in accordance with the decision and order dated May 2, 2006.
RITTER, J.P., MASTRO, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court