| People of State of New York v Etzer Metellus |
| Motion No: 2012-02038 qcr |
| Slip Opinion No: 2012 NY Slip Op 94993(U) |
| Decided on December 20, 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 2nd, 11th & 13th judicial Districts
THOMAS P. ALIOTTA, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Etzer Metellus, Appellant. |
Motion by appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered June 18, 2012, to continue a stay of execution of said judgment, which was granted by the Supreme Court, Queens County, on June 29, 2012, pending the determination of the appeal to this court, and for an enlargement of time to perfect the appeal. Separate motion by plaintiff for an enlargement of time to serve and file papers in opposition to appellant's motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is granted and the opposition papers are deemed timely served and filed; 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 is extended pending the determination of the appeal on condition that the appeal be perfected by February 1, 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; and it is further,
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 1, 2013.
ENTER:
Paul Kenny
Chief Clerk