Opinion
No. 04 Civ. 9959 (LAK).
September 6, 2005
Lewis A. Kaplan, United States District Judge, Daniel Patrick Moynihan United States Corthouse, New York, New York, Christopher John Blira-Koessler, Assistant District Attorney.
Your Honor:
This Office represents respondent in the above-referenced matter. For the following reasons, I respectfully request a two-week adjournment until September 9, 2005 to respond to petitioner's petition.
I first received petitioner's petition on June 28, 2005. Since then, I filed a respondent's brief in the Appellate Division, First Department (People v. John Dingle), a response to another petition for a federal writ of habeas corpus (Elias Joseph v. Ekpe), a letter in connection with another habeas corpus proceeding (Mark Garraway v. Phillips), and a response to a leave application before the New York Court of Appeals (People v. Andre Lewis). Currently, I must respond to a petition for a writ of error coram nobis (People v. Anthony Forte), a motion to vacate a judgment (People v. Rico Cox), a brief submitted to the Appellate Division (People v. Jason Lopez), and I must prepare for a hearing on a motion to vacate a judgment (People v. Kenneth Samuels). In addition, I took several vacation days in July and August. Moreover, the ADA who is assigned to edit my response to petitioner's motion has been on vacation since August 15, 2005, and will not return until August 29, 2005.
This second request for an extension until September 9, 2005 is made in good faith, based upon my approximation of the time required to prepare an adequate response. Thank you for your time and consideration in this matter. If there is any further information you require in this matter please do not hesitate to contact me at (718) 590-2322.