People v Harvey, Kenneth
Motion No: 2005-06344
Slip Opinion No: 2007 NYSlipOp 85700(U)
Decided on December 7, 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

M63187

F/

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2005-06344

The People, etc., respondent,

v Kenneth Harvey, appellant.

(Ind. No. 04-00329)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to recall and vacate a decision and order on motion of this court, dated August 30, 2007, which granted his application for leave to serve and file a supplemental brief on his appeal from a judgment of the County Court, Rockland County, rendered June 2, 2005, and to deem the application withdrawn.

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, the decision and order on motion dated August 30, 2007, is recalled and vacated, and the appellant's application for leave to serve and file a supplemental brief is deemed withdrawn.

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

ENTER:

James Edward Pelzer

Clerk of the Court