| People of State of New York v Jeff Rosen |
| Motion No: 2006-02109 NCR 01-04-2007 |
| Slip Opinion No: 2007 NYSlipOp 66724(U) |
| Decided on March 30, 2007 |
| Appellate Term, Second 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- JEFF ROSEN, Appellant. |
DECISION
Motion by appellant to stay execution of order dated December 4, 2006, and sentences, including fines and the revocation or suspension of his motor vehicle operator's license pending determination of the appeal, is granted, on condition that the appeal is perfected by June 1, 2007, and upon the further condition that a certified copy of the order hereon is served by appellant by mail upon the Commissioner of Motor Vehicles pursuant to Vehicle and Traffic Law § 1808 (a) within 10 days of the date of the order hereon.
In the event that the above conditions are not met, the court, on its own motion may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.
Upon this direct appeal from an order of the Nassau County Traffic and Parking Violations Agency, "a hybrid agency that exercises both prosecutorial and adjudicatory responsibilities" (Matter of Dolce v Nassau County Traffic & Parking Violations Agency, 7 NY3d 492, 498 [2006]), the parties have not raised any question with regard to whether an appeal lies even though the order was entered upon appellant's default. Under the circumstances, we do not yet pass upon said question in deciding the instant motion.