| People of State of New York v David Ney |
| Motion No: 2011-02390 scr |
| Slip Opinion No: 2012 NY Slip Op 80431(U) |
| Decided on July 17, 2012 |
| 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
JOHN R. LaCAVA, J.P.
FRANCIS A. NICOLAI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v David Ney, Appellant. |
Motion by appellant to vacate an order of this court dated April 16, 2012, which dismissed an appeal from a judgment of conviction of the District Court of Suffolk County, Sixth District, rendered April 28, 2011, and to reinstate and continue the stay of execution of said judgment which was granted by decision and order of this court dated November 22, 2011.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to vacate the order of this court dated April 16, 2012 is granted, the order dated April 16, 2012 is vacated, and the appeal shall be perfected by October 5, 2012; and it is further,
ORDERED that the branch of the motion seeking to reinstate and continue the stay of execution of the judgment granted by decision and order of this court dated November 22, 2011 is granted and the stay of execution of the judgment is extended pending the determination of the appeal on condition that the appeal be perfected by October 5, 2012; 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