| People of State of New York v Robert Everle |
| Motion No: 2009-01793 rocr |
| Slip Opinion No: 2010 NY Slip Op 92233(U) |
| Decided on December 23, 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 Robert Everle, Appellant. |
Motion by appellant on an appeal from a judgment of conviction of the Justice Court of the Village of West Haverstraw, Rockland County, rendered August 11, 2009, to continue a stay of execution of said judgment to the extent set forth in an order of this court dated September 15, 2009, and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in response thereto, it is
ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by February 4, 2011; and it is further,
ORDERED that the branch of the motion seeking to continue the stay of the judgment to the extent set forth in the order of this court dated September 15, 2009 is granted on condition the appeal be perfected by February 4, 2011; 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:
Paul Kenny
Chief Clerk