People of State of New York v David Ney
Motion No: 2011-02390 scr
Slip Opinion No: 2011 NY Slip Op 91002(U)
Decided on November 22, 2011
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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANGELA G. IANNACCI, J.

DECISION & ORDER ON MOTION

2011-2390 S CR
The People of the State of New York, Respondent, v David Ney, Appellant.

Motion by appellant pursuant to CPL 460.50 for a stay of execution of a judgment of conviction of the District Court of Suffolk County, Sixth District, rendered April 28, 2011.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion 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 decision and order; and it is further,

ORDERED that counsel for appellant shall serve a copy of this decision and 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 an enlargement of time to perfect the appeal is granted and the appeal shall be perfected within 120 days from the date of this decision and order.

ENTER:

Angela G. Iannacci

Associate Justice