| People of State of New York v Robert Everle |
| Motion No: 2009-01793 rocr |
| Slip Opinion No: 2010 NY Slip Op 77238(U) |
| Decided on July 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
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Robert Everle, Appellant. |
Motion by appellant to continue a stay of the sentence and for an enlargement of time to perfect an appeal from a judgment of conviction of the Justice Court of the Village of West Haverstraw, Rockland County, rendered August 11, 2009.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is,
ORDERED that the branch of the motion by appellant seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by October 1, 2010; and it is further,
ORDERED that the branch of the motion seeking to continue the stay of the sentence to the extent set forth in the order of this court dated September 15, 2009 is granted on condition the appeal be perfected by October 1, 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:
Angela G. Iannacci
Associate Justice