Appellate Division: Second Judicial Department

M158083

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

1992-08263 The People, etc., respondent, v Carlton Walker, appellant. (Ind. No. 423/84)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered February 20, 1985, which was determined by decision and order of this Court dated October 11, 1988, for leave to reargue his prior motion for leave to reargue the appeal, which was determined by decision and order on motion of this Court dated September 14, 2012. Separate motion by the appellant to recuse the panel of Justices who determined the prior motion for leave to reargue the appeal from determining the present motion for leave to reargue the prior motion.

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

ORDERED that the motion to recuse the panel of Justices who determined the prior motion for leave to reargue the appeal from determining the present motion for leave to reargue the prior motion is denied; and it is further,

ORDERED that the motion for leave to reargue the prior motion for leave to reargue the appeal is granted, the decision and order on motion of this Court dated September 19, 2012, is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant for reargument of an appeal from a judgment of the Supreme Court, Queens County, rendered February 20, 1985, which was determined by decision and order of this Court dated October 11, 1988.

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

ORDERED that the motion is denied.

SKELOS, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court