MOTION NO. 2003/94 PEOPLE V MICHAEL FLAX
Motion No: KA 03-00705
Slip Opinion No: 2007 NYSlipOp 79833(U)
Decided on September 28, 2007
Appellate Division, Fourth 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.


September 28, 2007

PRESENT: HURLBUTT, J.P., CENTRA, LUNN, AND PINE, JJ.

KA 03-00705
Indictment No: 92-1591-001

MOTION NO. 2003/94
PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V
MICHAEL FLAX, DEFENDANT-APPELLANT.

Appellant having moved for a writ of error coram nobis vacating the order of this Court entered February 3, 1995 affirming a judgment of Erie County Court entered in the Office of the Clerk of the County of Erie on May 25, 1993,

Now, upon reading and filing the affidavit of Michael Flax, sworn to July 19, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Steven Meyer, sworn to August 7, 2007, the reply affidavit of Michael Flax, sworn to August 10, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is denied.

Entered: September 28, 2007

JoAnn M. Wahl, Clerk