Opinion
Motion No: 2011-02493 ncr
04-11-2013
S & APPLICATION The People of the State of New York, Appellant, v. Raymond Michael, Respondent.
, J.P.
FRANCIS A. NICOLAI
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
Motion by respondent, by counsel, for leave to reargue an appeal from an order of the District Court of Nassau County, First District, dated September 19, 2011, which was determined by a decision and order of this court dated December 24, 2012, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Separate motion by appellant for enlargement of time to serve and file papers in opposition to respondent's motion. Separate application by respondent, pro se, in effect, for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, the decision and order dated December 24, 2012 and to dismiss the appeal.
Upon the papers filed in support of the motions and the application, and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motion and application and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion is granted and the opposition papers are deemed timely served and filed; and it is further,
ORDERED that respondent's motion and application are denied.
Molia, J.P., taking no part.
ENTER:
Paul Kenny
Chief Clerk