People v Olibencia, Gilberto
Motion No: 2002-03090
Slip Opinion No: 2007 NYSlipOp 60230(U)
Decided on January 4, 2007
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

M48916

F/

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2002-03090

The People, etc., respondent,

v Gilberto Olibencia, appellant.

(Ind. No. 01-00198)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion of this court, dated June 27, 2006, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the County Court, Rockland County, rendered March 12, 2002, is recalled and vacated; and it is further,

ORDERED that the appellant's motion for leave to file a supplemental brief is denied.

The appellant has failed to file a supplemental brief although afforded sufficient opportunity to do so.

PRUDENTI, P.J., MILLER, SCHMIDT, CRANE, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court