People of State of New York v Edward J. Iacono, Jr.
Motion No: 2008-01818 NCR
Slip Opinion No: 2009 NY Slip Op 80883(U)
Decided on August 17, 2009
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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS


PRESENT : NICOLAI, P.J., TANENBAUM and MOLIA, JJ.


NO. 2008-1818 N CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

EDWARD J. IACONO, JR.,

Appellant.

DECISION

On the court's own motion, motion by appellant returnable July 8, 2009 and motion by the People returnable July 15, 2009 are consolidated for purposes of disposition.

Motion by appellant to vacate dismissal of the appeal is granted and appeal shall be perfected by October 2, 2009.

On the court's own motion, the stay granted by order of this court dated December 1, 2008 is reinstated and continued on condition that the appeal is perfected by October 2, 2009.

Motion by respondent to vacate the stay and dismiss the appeal is denied.

In the event that the above condition is not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days' notice.