People v Montero, David
Motion No: 2004-05753
Slip Opinion No: 2008 NYSlipOp 65369(U)
Decided on March 4, 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

M67081

E/sl

ROBERT A. LIFSON, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

MARK C. DILLON, JJ.

2004-05753

The People, etc., respondent,

v David Montero, appellant.

(Ind. No. 8285/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated February 29, 2008, in the above-entitled case, which denied the appellant's motion for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, rendered June 21, 2004, is amended by deleting from the second paragraph thereof the words "and no papers having been filed in opposition or in relation thereto", and substituting therefor the words "and the papers filed in opposition thereto".

LIFSON, J.P., RITTER, SANTUCCI and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court