People v Wellington, Dennis
Motion No: 2004-08249
Slip Opinion No: 2008 NYSlipOp 83724(U)
Decided on September 22, 2008
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

M76048

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-08249

The People, etc., respondent,

v Dennis Wellington, appellant.

(Ind. No. 253/87)

DECISION & ORDER ON APPLICATION

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order on motion of this court dated December 17, 2004, which dismissed, as abandoned, an appeal from a judgment of the Supreme Court, Richmond County, rendered May 31, 1988, and to reinstate the appeal.

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

ORDERED that the application is denied.

PRUDENTI, P.J., MASTRO, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court