Appellate Division: Second Judicial Department

M80481

E/sl

A. GAIL PRUDENTI, P.J.

ROBERT A. SPOLZINO

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2006-10067 The People, etc., respondent, v Marc Jean, appellant. (Ind. No. 1154/05)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to reinstate so much of a decision and order on motion of this court dated September 18, 2007, as granted him poor person relief on an appeal from a judgment of the Supreme Court, Queens County, rendered October 23, 2006.

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

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

ORDERED that so much of the decision and order on motion of this court dated October 6, 2008, as recalled and vacated so much of a decision and order on motion of this court dated September 18, 2007, as granted that branch of the appellant's motion which was for poor person relief, is recalled and vacated, poor person relief is continued, and the Clerk of this court, or his designee, shall provide the appellant's retained counsel with copies of all papers in the action that were filed with this court by former assigned counsel, after being relieved.

PRUDENTI, P.J., SPOLZINO, McCARTHY and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court