People v Jean, Gary
Motion No: 2010-05039
Slip Opinion No: 2013 NY Slip Op 91329(U)
Decided on November 14, 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

M165306

J/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-05039

The People, etc., respondent,

v Gary Jean, appellant.

(Ind. No. 09-00310)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on application of this Court dated October 9, 2013, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:

Application by the appellant pro se to recall and vacate a decision and order on motion of this Court, dated January 26, 2012, which granted his motion for leave to serve and file a supplemental brief on his appeal from a judgment of the County Court, Rockland County, rendered May 4, 2010, and to deem the motion withdrawn.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 January 26, 2012, is recalled and vacated, and the appellant's motion for leave to serve and file a supplemental brief is deemed withdrawn.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