| IN THE MATTER OF STATE OF NEW YORK V MICHAEL ALLEN |
| Motion No: CA 15-00439 |
| Slip Opinion No: 2015 NY Slip Op 84780(U) |
| Decided on September 15, 2015 |
| 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00439
| IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V
MICHAEL ALLEN, RESPONDENT-APPELLANT. |
Appellant having moved for coram nobis relief relating to the order of Supreme Court entered in the Office of the Clerk of the County of Erie on August 8, 2014,
Now, upon reading and filing the affirmation of Mark C. Davison, Esq., dated August 17, 2015, the notice of motion with proof of service thereof, and the affirmation of Frank Brady, Esq., dated September 7, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appellant's notice of appeal served on February 23, 2015, is deemed timely filed and served.
Entered: September 15, 2015
Frances E. Cafarell, Clerk