THE PEOPLE EX REL. DAVID BURR V HONORABLE FRANK J. CLARK, III, ERIE COUNTY DISTRICT ATTORNEY THE PEOPLE EX REL. DAVID
Motion No: NOS. 2087-2089/00
Slip Opinion No: 2011 NY Slip Op 78218(U)
Decided on July 1, 2011
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 1, 2011

PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND GREEN, JJ.

MOTION NOS. 2087-2089/00
KAH 99-05676
Index No: 4346-99
KAH 99-05677
Index No: 7621-99
KAH 99-05678
Index No: 5348-99

THE PEOPLE OF THE STATE OF NEW YORK EX REL. DAVID BURR,

PETITIONER-APPELLANT,

V

HONORABLE FRANK J. CLARK, III, ERIE COUNTY DISTRICT

ATTORNEY, RESPONDENT-RESPONDENT.

(APPEAL NO. 1.)

THE PEOPLE OF THE STATE OF NEW YORK EX REL. DAVID BURR,

PETITIONER-APPELLANT,

V

HONORABLE FRANK J. CLARK, III, ERIE COUNTY DISTRICT ATTORNEY,

RESPONDENT-RESPONDENT.

(APPEAL NO. 2.)

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

DAVID BURR, PETITIONER-APPELLANT,

V

HONORABLE JOHN A. DILLON, ERIE COUNTY COURT JUDGE, ET AL.,

RESPONDENTS-RESPONDENTS.

(APPEAL NO. 3.)


Appellant having moved for a writ of error coram nobis vacating the orders of this Court entered December 27, 2000 affirming the judgments (denominated orders) entered July 22, 1999, September 29, 1999 and September 8, 1999 of Supreme Court, Erie County,

Now, upon reading and filing the statement of David A. Burr dated May 2, 2011, May 12, 2011, and May 31, 2011, the notice of motion with proof of service thereof, the affidavit of Donna A. Milling, Esq. sworn to May 26, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: July 1, 2011

Patricia L. Morgan, Clerk