THE PEOPLE V ANTHONY SHERROD
Motion No: KA 99-02223
Slip Opinion No: 2010 NY Slip Op 80660(U)
Decided on August 20, 2010
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.


August 20, 2010

PRESENT: MARTOCHE, J.P., PERADOTTO, LINDLEY, PINE, AND GORSKI, JJ.

KA 99-02223
Indictment No: 97-1426-001

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ANTHONY SHERROD, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the orders of this Court entered August 19, 1999 and November 8, 1999, which dismissed the appeal taken from the judgment of Supreme Court, Erie County rendered June 18, 1998 on the ground that said appeal had not been timely perfected,

Now, upon reading and filing the affirmation of Brian Shiffrin, Esq. dated July 13, 2010, the notice of motion with proof of service thereof, the affidavit of Donna A. Milling, Esq. sworn to August 5, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, the dismissal of the appeal is vacated and appellant is hereby directed to perfect the appeal on or before November 18, 2010.

Entered: August 20, 2010

PATRICIA L. MORGAN, Clerk