People v Herb, Corey
Motion No: 2011-08206
Slip Opinion No: 2013 NY Slip Op 71795(U)
Decided on April 25, 2013
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

M155180

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-08206

The People, etc., respondent,

v Corey Herb, appellant.

(Ind. No. 8137/09)

DECISION & ORDER ON APPLICATION

Application by the appellant pro se to recall and vacate a decision and order on motion of this Court, dated March 20, 2013, which granted his application for leave to serve and file a supplemental brief on his appeal from a judgment of the Supreme Court, Kings County, rendered August 17, 2011, and to deem the application withdrawn.

Upon the papers filed in support of the application, it is

ORDERED that the application is granted, the decision and order on motion of this Court dated March 20, 2013, is recalled and vacated, and the appellant's motion for leave to serve and file a supplemental brief is deemed withdrawn.

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

ENTER:

Aprilanne Agostino

Clerk of the Court