Appellate Division: Second Judicial Department

M84047

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2007-00652 The People, etc., respondent, v Joseph Gentile, appellant. (Ind. No. 2642/05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered January 3, 2007, in effect, for leave to withdraw the brief filed with the Clerk of this court on January 16, 2009, and the brief submitted to the Clerk of this court on February 16, 2009, and to file a replacement brief.

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

ORDERED that the branch of the motion which is to withdraw the brief submitted to the Clerk of this court on February 16, 2009, is denied as unnecessary as that brief has not been accepted for filing and shall be returned to the appellant; and it is further,

ORDERED that the branch of the motion which is to withdraw the brief filed with the Clerk of this court on January 16, 2009, is granted and that brief is stricken; and it is further,

ORDERED that the appellant shall serve and file his replacement brief on or before May 11, 2009.

RIVERA, J.P., ANGIOLILLO, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

07 A 0255

Upstate Correctional Facility

P.O. Box 2001

Malone, New York 12953