| People of State of New York v David Ney |
| Motion No: 2011-02559 scr |
| Slip Opinion No: 2012 NY Slip Op 89873(U) |
| Decided on October 31, 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
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent v David Ney, Appellant. |
Motion by appellant for an enlargement of time to perfect an appeal from a judgment of conviction of the District Court of Suffolk County, Third District, rendered September 14, 2011, and to continue a stay granted by decision and order of this court dated January 11, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition 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 January 4, 2013; and it is further,
ORDERED that the branch of the motion seeking to continue the stay of execution of the judgment is granted and the stay of execution of the judgment granted by decision and order of this court dated January 11, 2012 is extended pending the determination of the appeal on condition that the appeal be perfected by January 4, 2013; 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