People v Smith, Alan L.
Motion No: 2012-08678
Slip Opinion No: 2014 NY Slip Op 64756(U)
Decided on February 26, 2014
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

M170084

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-08678

The People, etc., respondent,

v Alan L. Smith, appellant.

(Ind. No. 119/11)

DECISION & ORDER ON APPLICATION

Application by the appellant pro se to recall and vacate a decision and order on motion of this Court, dated January 6, 2014, which granted his motion for leave to serve and file a supplemental brief on his appeal from a judgment of the County Court, Dutchess County, rendered August 15, 2012, and to deem the motion withdrawn.

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

ORDERED that the application is granted, the decision and order on motion of this Court dated January 6, 2014, is recalled and vacated, and the appellant's motion for leave to serve and file a supplemental brief is deemed withdrawn.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