PEOPLE V CHRISTOPHER M. DIAZ
Motion No: KA 06-00530
Slip Opinion No: 2009 NY Slip Op 78200(U)
Decided on July 14, 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 14, 2009

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

KA 06-00530
Indictment No: 05-218

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CHRISTOPHER M. DIAZ, DEFENDANT-APPELLANT.


Respondent having moved for an extension of the time to file and serve a response to the writ of error coram nobis seeking to vacate the order of this Court entered June 6, 2008, affirming a judgment of Supreme Court, Monroe County, rendered December 14, 2005,

Now, upon reading and filing the affirmation of Leslie E. Swift, dated June 24, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted, and the time to file and serve a response to said motion is extended to July 29, 2009, and

It is further ORDERED that the appellant shall file a reply, if any, on or before August 13, 2009.

Entered: July 14, 2009

Patricia L. Morgan, Clerk