People v Business Applications Outsourcing Tech., Inc., 2020 NY Slip Op 06136 [187 AD3d 1204]

October 28, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Business Applications Outsourcing Technologies, Inc., Appellant.

Jared J. Scharf, Rye Brook, NY, for appellant.

Timothy D. Sini, District Attorney, Riverhead, NY (Marcia R. Kucera of counsel), for respondent. Mischel & Horn, P.C., New York, NY (Richard E. Mischel of counsel), former appellate counsel.

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 on motion of this Court dated November 9, 2018, granting a motion by the respondent to dismiss, for failure to prosecute, appeals from two judgments of the County Court, Suffolk County, both rendered December 1, 2010.

Ordered that the application is denied.

The appellant has failed to establish that it was denied the effective assistance of appellate counsel ( see Jones v Barnes , 463 US 745 [1983]; People v Stultz , 2 NY3d 277 [2004]). Balkin, J.P., Cohen, Connolly and Iannacci, JJ., concur.