People v Biscombe, Sherland
Motion No: 2005-10048
Slip Opinion No: 2008 NYSlipOp 64269(U)
Decided on February 21, 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

M66397

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

ARIEL E. BELEN, JJ.

2005-10048

The People, etc., respondent,

v Sherland Biscombe, appellant.

(Ind. No. 3233/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to recall and vacate a decision and order on motion dated January 10, 2008, which recalled and vacated a decision and order on motion of this court dated August 6, 2007, 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 Supreme Court, Kings County, rendered September 21, 2005, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion dated January 10, 2008, is recalled and vacated; and it is further,

ORDERED that the appellant's supplemental brief shall be served and filed on or before April 4, 2008; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

FISHER, J.P., DILLON, McCARTHY and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court