THE PEOPLE V KEVIN DRAKE
Motion No: KA 16-01512
Slip Opinion No: 2016 NY Slip Op 90918(U)
Decided on November 7, 2016
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.


November 7, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 16-01512
Indictment No: 2008-0033 and SCI No: 29662

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

KEVIN DRAKE, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to file and serve a reply to respondent's papers in opposition to his writ of error coram nobis,

Now, upon reading and filing the affidavit of Kevin Drake sworn to October 20, 2016, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as moot.

Entered: November 7, 2016

Frances E. Cafarell, Clerk