| People of State of New York v Thomas Lubrano |
| Motion No: 2009-00952 scr |
| Slip Opinion No: 2010 NY Slip Op 71976(U) |
| Decided on May 14, 2010 |
| 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. |
of the State of New York for the 9th & 10th judicial Districts
MELVYN TANENBAUM, J.P.
DENISE F. MOLIA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Thomas Lubrano, Appellant. |
Motion by appellant to vacate the dismissal of the appeal, compel the District Court to file the record on appeal with this court, and reinstate and continue the stay of sentence, on an appeal from a judgment of conviction of the District Court of Suffolk County, Sixth District, rendered March 30, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the branch of the motion by appellant seeking to vacate the dismissal of the appeal is granted and the appeal shall be perfected by August 6, 2010; and it is further,
ORDERED that the branch of the motion seeking to compel the District Court of Suffolk County, Sixth District, to file the record on appeal with this court is granted, and the District Court shall within 20 days of service by appellant upon it of a copy of this order, forward the record to this court; and it is further,
ORDERED that the branch of the motion seeking to reinstate and continue the stay of sentence contained in the order of this court dated November 10, 2009 is granted on condition the appeal be perfected by August 6, 2010; and it is further,
ORDERED that in the event the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Denise F. Molia
Associate Justice