THE PEOPLE V JACK VAN DE VIVER
Motion No: KA 07-01184
Slip Opinion No: 2009 NY Slip Op 77480(U)
Decided on July 6, 2009
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.


July 6, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 07-01184
Indictment No: 06C-124

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JACK VAN DE VIVER, DEFENDANT-APPELLANT.


Respondent having moved for permission to file a late response to appellant's motion for a writ of error coram nobis vacating the order this Court entered November 14, 2008, affirming a judgment of Oswego County Court, rendered March 30, 2007,

Now, upon reading and filing the affirmation of Hannah Stith Long dated May 26, 2009, the notice of motion with proof of service thereof, the letters of Jack Van De Viver dated May 28, 2009 and June 1, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted to the extent that the Clerk's office is directed to accept for filing the response submitted to this Court on May 27, 2009 and,

It is further ORDERED that the appellant shall file a reply, if any, on or before July 27, 2009.

Entered: July 6, 2009

Patricia L. Morgan, Clerk