Appellate Division: Second Judicial Department

M41808

E/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2004-05168 The People, etc., respondent, v Thomas Primactus, appellant. (Ind. No. 2009/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered April 22, 2004, to vacate a decision and order on motion of this court dated April 24, 2006, which recalled and vacated a decision and order on motion of this court dated December 7, 2005, granting his motion for leave to serve and file a supplemental brief, to reinstate the decision and order on motion dated December 7, 2005, and to enlarge the time to serve and file a supplemental brief.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, the decision and order on motion of this court dated April 24, 2006, is recalled and vacated, and the decision and order on motion dated December 7, 2005, is reinstated; and it is further,

ORDERED that the appellant's time to serve and file a supplemental brief is enlarged until August 24, 2006; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

ADAMS, J.P., RIVERA, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court