People ex rel. Williams v State of New York
Motion No: 2008-02486
Slip Opinion No: 2008 NYSlipOp 87556(U)
Decided on October 28, 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

M77742

S/sl

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-02486

The People, etc., ex rel. DeAndre Williams,

petitioner, v State of New York, respondent.

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 3, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101, for leave to reargue his motion for permission to prosecute the above-entitled proceeding as a poor person, which was determined by decision and order on motion dated March 31, 2008.

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 the petitioner's time to comply with the decision and order on motion dated March 31, 2008, by paying the filing fee is enlarged until December 1, 2008.

LIFSON, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court