Opinion
No. 2000-08638.
February 6, 2007.
Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated December 20, 2004 ( People v Chrysler, 13 AD3d 550), affirming a judgment of the County Court, Orange County, rendered September 13, 2000, and motion by the respondent to disqualify Michael H. Sussman from representing the appellant on the application for a writ of error coram nobis.
Michael H. Sussman, Goshen, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.
A. GAIL PRUDENTI, P.J., WILLIAM F. MASTRO, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, JJ.
Before: Prudenti, P.J., Mastro, Krausman and Florio, JJ.
Ordered that the motion is denied; and it is further,
Ordered that the application is denied.
The appellant has failed to establish that he was denied the effective assistance of appellate counsel ( see Jones v Barnes, 463 US 745; People v Stultz, 2 NY3d 277).