| People of State of New York v Etzer Metellus |
| Motion No: 2012-02038 qcr |
| Slip Opinion No: 2013 NY Slip Op 66374(U) |
| Decided on February 27, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Etzer Metellus, Appellant. |
Motion by appellant for an enlargement of time to perfect an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered June 18, 2012, and to continue a stay of execution of said judgment, which was granted by the Supreme Court, Queens County, on June 29, 2012, and continued by decision and order of this court dated December 20, 2012.
Upon the papers filed in support of the motion and no papers having been filed in response 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 April 5, 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 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 vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk