People of State of New York v Thomas A. Lubrano
Motion No: 2011-02424 scr
Slip Opinion No: 2012 NY Slip Op 82718(U)
Decided on August 8, 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.


Appellate Term of the Supreme Court

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

2011-2424 S CR
The People of the State of New York, Respondent, v Thomas A. Lubrano, Appellant.

Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Sixth District, rendered August 18, 2011, for summary reversal.

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 denied, as the record has now been received; 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 by October 5, 2012; and it is further,

ORDERED, on the court's own motion, that the stay of execution of the judgment of conviction, which was granted by decision and order of this court dated November 22, 2011 and continued by decision and order of this court dated February 22, 2012, 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