| People of State of New York v Sharok Jacobi |
| Motion No: 2012-00957 ncr |
| Slip Opinion No: 2013 NY Slip Op 61829(U) |
| Decided on January 15, 2013 |
| 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 Sharok Jacobi, Appellant. |
Motion by appellant, in effect, to vacate an order of this court dated December 10, 2012, which dismissed an appeal from a judgment of conviction of the Justice Court of the Village of Great Neck, Nassau County, rendered March 21, 2012, and to reinstate and continue the stay of execution of said judgment which was granted by decision and order of this court dated July 13, 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 to vacate the order of this court dated December 10, 2012 is granted, the order dated December 10, 2012 is vacated, and the appeal shall be perfected by April 5, 2013; 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 July 13, 2012 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 April 5, 2013; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may dismiss the appeal and/or vacate the stay, or respondent may move to dismiss the appeal and/or vacate the stay on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk