| People v Simmons, Tyrone |
| Motion No: 2009-10607 |
| Slip Opinion No: 2012 NY Slip Op 62580(U) |
| Decided on January 27, 2012 |
| 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. |
Appellate Division: Second Judicial Department
M132367
S/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2009-10607 The People, etc., respondent, v Tyrone Simmons, appellant. (Ind. No. 08-00370)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pro se, in effect, to recall and vacate a decision and order on motion of this Court dated April 28, 2011, which granted his motion for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered September 16, 2009, and to deem his motion withdrawn.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted, the decision and order on motion of this Court dated April 28, 2011, is recalled and vacated, and the appellant's motion for leave to file a pro se supplemental brief is deemed withdrawn.
DILLON, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court