People of State of New York v England
Motion No: 2005-06282
Slip Opinion No: 2011 NY Slip Op 60941(U)
Decided on January 11, 2011
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

M113429

E/sl

A. GAIL PRUDENTI, P.J.

JOSEPH COVELLO

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2005-06282

People of State of New York, respondent,

v Lionel England, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this Court dated August 13, 2010, which, inter alia, dismissed an appeal from an order of the Supreme Court, Queens County, dated June 23, 2005.

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

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

ORDERED that on the Court's own motion, the decision and order on motion dated August 13, 2010, is amended by deleting from the second paragraph thereof the words "no papers having been filed in response thereto" and substituting therefor the words "the papers filed in response thereto."

PRUDENTI, P.J., COVELLO, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court