People v Smith, Thomas
Motion No: 2009-11150
Slip Opinion No: 2011 NY Slip Op 80940(U)
Decided on August 12, 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

M124442

V/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2009-11150

The People, etc., respondent,

v Thomas Smith, appellant.

(Ind. No. 08-00999)

DECISION & ORDER ON MOTION

Appeal by Thomas Smith from a judgment of the Supreme Court, Westchester County, rendered October 15, 2009. The appellant notified the Court that he wished to file a supplemental pro se brief, and by decision and order on motion dated May 23, 2011, his time to serve and file the brief was enlarged until August 1, 2011.

Now, on the Court's own motion, it is

ORDERED that the appellant's application for leave to file a supplemental pro se brief is denied.

The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court