People v Bailey, Richard
Motion No: 2009-07064
Slip Opinion No: 2011 NY Slip Op 82247(U)
Decided on August 29, 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

M125099

V/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2009-07064

The People, etc., respondent,

v Richard Bailey, appellant.

(Ind. No. 955/08)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court, dated March 14, 2011, which granted the appellant's motion for leave to serve and file a pro se supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered July 22, 2009, is recalled and vacated; and it is further,

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

The appellant has failed to file a pro se supplemental 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