| People of State of New York v Dennis Chen & Tiffany Chen |
| Motion No: 2010-02102 rocr |
| Slip Opinion No: 2010 NY Slip Op 86507(U) |
| Decided on October 25, 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 Dennis Chen and Tiffany Chen, Appellants. Lower Court # 09-08-0086 |
Application by appellants pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from a decision of the Justice Court ,Village of Airmont, Rockland County, dated December 17, 2009, and motion by appellants pursuant to CPL 460.50 for a stay of execution of a judgment of conviction of said court rendered March 4, 2010.
Upon the papers filed in support of the application and motion and no papers having been filed in opposition thereto, it is
ORDERED that the application for a certificate granting leave to appeal is deemed a motion pursuant to CPL 460.10 (6) to treat the notice of appeal dated March 30, 2010 from the decision dated December 17, 2009 as a valid notice of appeal from the judgment of conviction rendered March 4, 2010, and the motion is granted; and it is further,
ORDERED that the motion to stay execution of the judgment is granted; and it is further,
ORDERED that this stay shall terminate and be of no further effect 120 days from the date of this decision and order unless the appeal shall have been brought to argument or submitted to this court, or unless this court shall have extended this order; and it is further,
ORDERED that counsel for appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken; and it is further,
ORDERED, on the court's own motion, that the appeal shall be perfected by January 7, 2011.
ENTER:
Paul Kenny
Chief Clerk