People v Hernandez, Javier
Motion No: 2008-04938
Slip Opinion No: 2011 NY Slip Op 74488(U)
Decided on June 2, 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

M120903

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2008-04938

The People, etc., respondent,

v Javier Hernandez, appellant.

(Ind. No. 940-07)

DECISION & ORDER ON APPLICATION

Application by the appellant pro se to withdraw his motion for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered May 12, 2008, which was granted by decision and order on motion of this Court dated December 17, 2009.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted, the decision and order on motion dated February 7, 2011, is recalled and vacated, and the appellant's motion for leave to serve and file a pro se supplemental brief is deemed withdrawn.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court