People v Tucker, Marc
Motion No: 2004-03440
Slip Opinion No: 2008 NYSlipOp 61100(U)
Decided on January 15, 2008
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

M64854

E/nl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

WILLIAM E. McCARTHY, JJ.

2004-03440

The People, etc., respondent,

v Marc Tucker, appellant.

(Ind. No. 396/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be provided with additional material to aid in the preparation of a pro se brief on an appeal from a judgment of the Supreme Court, Queens County, rendered April 2, 2004, and to enlarge the time to serve and file the 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 denied; and it is further,

ORDERED that on the court's own motion, the decision and order on motion of this court, dated August 21, 2006, which granted the appellant's motion for leave to serve and file a supplemental pro se brief is recalled and vacated; and it is further,

ORDERED that the appellant's prior 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., CRANE, SPOLZINO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court