Appellate Division: Second Judicial Department

M48171

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2004-06292 The People, etc., respondent, v Cleveland Hawkins, appellant. (Ind. No. 652/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 17, 2004, and separate motion by the appellant pro se to withdraw his prior motion for leave to file a supplemental brief, which was granted by decision and order on motion of this court dated September 17, 2004.

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

ORDERED that the motion to withdraw the motion for leave to file a supplemental brief is granted, the decision and order on motion of this court dated September 17, 2004, is recalled and vacated, and the motion for leave to file a supplemental brief is deemed withdrawn; and it is further,

ORDERED that the motion to enlarge the time to serve and file a supplemental brief is denied as academic.

CRANE, J.P., KRAUSMAN, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04-A-3621

Eastern Corr. Fac.

Box 338

Napanoch, New York 12458