| People of State of New York v Thomas Lubrano |
| Motion No: 2009-02243 scr |
| Slip Opinion No: 2010 NY Slip Op 71978(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, in essence, for an enlargement of time to perfect the appeal, to compel the District Court to forward the record on appeal to this court, and to stay resentencing, on an appeal from a judgment of conviction of the District Court of Suffolk County, Sixth District, rendered September 14, 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, in essence, for an enlargement of time to perfect 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 stay resentencing is granted on condition the appeal be perfected by August 6, 2010; and it is further,
ORDERED that in the event that 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