People v Salton, Wayne
Motion No: 2006-09947
Slip Opinion No: 2009 NY Slip Op 89834(U)
Decided on November 27, 2009
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

M94982

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2006-09947

The People, etc., respondent,

v Wayne Salton, appellant.

(Ind. No.5631/05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to recall and vacate a decision and order on motion dated September 9, 2009, which recalled and vacated a decision and order on motion dated December 12, 2008, granting the appellant's motion for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 10, 2006, to reinstate the decision and order on motion dated June 22, 2009, and for an enlargement of time to serve and file the supplemental brief.

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

ORDERED that the motion is granted, and the decision and order on motion of this court dated September 9, 2009, is recalled and vacated; and it is further,

ORDERED that the appellant's supplemental brief shall be served and filed on or before January 25, 2010; and it is further,

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

RIVERA, J.P., DICKERSON, HALL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court