Matter of Jackson v Marber
Motion No: 2018-01427
Slip Opinion No: 2018 NY Slip Op 80441(U)
Decided on August 14, 2018
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

M254064

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

LEONARD B. AUSTIN

HECTOR D. LASALLE, JJ.

2018-01427

In the Matter of Erwin Jackson, petitioner,

v Randy Sue Marber, etc., et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner to recall and vacate so much of a decision, order and judgment of this Court dated April 25, 2018, as dismissed a proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit, inter alia, the enforcement of a judgment of conviction rendered July 30, 2008, in a criminal action entitled People v Jackson, commenced in the County Court, Nassau County, under Indictment No. 2826/05, and to reinstate the proceeding.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

MASTRO, J.P., RIVERA, AUSTIN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court