AD2 order dated March 20, 2013, denying application for a writ of error coram nobis seeking to file a late application for leave to appeal to the Court of Appeals from an Appellate Division affirmance. Decision below: 104 AD3d 875, 960 NYS2d 660. Read, J., granted leave July 15, 2013.

ISSUE PRESENTED: Whether, under People v. Syville (15 NY3d 391), a writ of error coram nobis lies to redress an appellate attorney’s failure to timely seek leave to the Court of Appeals from an Appellate Division affirmance of a criminal conviction.

writ of error coram nobis for failure to timely seek leave to the Court of Appeals