People of State of New York v Stanley Jablonka
Motion No: 2010-03258 dcr
Slip Opinion No: 2013 NY Slip Op 76029(U)
Decided on May 22, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

HECTOR D. LaSALLE, J.P.

FRANCIS A. NICOLAI

ANTHONY MARANO, JJ.

DECISION & ORDER ON MOTION

2010-3258 D CR
The People of the State of New York, Respondent, v Stanley Jablonka, Appellant.

Motion by appellant on an appeal from a judgment of conviction of the Justice Court of the Town of Stanford, Dutchess County, rendered November 4, 2010, to continue a stay of execution of said judgment, which was granted by order on application dated December 17, 2010, as extended by decisions and orders of this court dated September 14, 2011, January 13, 2012, May 3, 2012, July 27, 2012, November 28, 2012, and March 6, 2013, pending the determination of the appeal to this court, for an enlargement of time to perfect the appeal, and to enlarge the record on appeal to include a certain letter dated October 22, 2010.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

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 August 2, 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 August 2, 2013; and it is further,

ORDERED that no further applications to enlarge the time to perfect the appeal and to continue the stay will be entertained; and it is further,

ORDERED that the branch of the motion seeking to enlarge the record on appeal to include a letter dated October 22, 2010 is denied (see Rules of the App Term, 9th & 10th Jud Dists [22 NYCRR]§ 732.1 [b] [1]).

ENTER:

Paul Kenny

Chief Clerk