People v John, Dion
Motion No: 2005-03274
Slip Opinion No: 2006 NYSlipOp 75662(U)
Decided on September 14, 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

M44513

E/nl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

ROBERT J. LUNN, JJ.

2005-03274

The People, etc., respondent,

v Dion John, appellant.

(Ind. No. 845/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to withdraw his brief on an appeal from a judgment of the Supreme Court, Queens County, rendered March 30, 2005, and for leave to serve and file a corrected brief.

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, and the appellant's brief is stricken; and it is further,

ORDERED that on or before October 30, 2006, the appellant shall serve and file a replacement brief; and it is further,

ORDERED that on the court's own motion, the respondent's brief is stricken; the respondent shall serve and file a replacement brief within 60 days of service upon it of the appellant's replacement brief.

CRANE, J.P., RITTER, RIVERA and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court