| People of State of New York v Alan Borst |
| Motion No: 2013-01189 wcr |
| Slip Opinion No: 2013 NY Slip Op 89496(U) |
| Decided on October 3, 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.
HECTOR D. LaSALLE
ANTHONY MARANO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Alan Borst, Appellant. |
Motion by appellant on an appeal from a judgment of conviction of the Justice Court of the Village of Mamaroneck, Westchester County, rendered May 2, 2013, to continue the stay of execution of said judgment, which was granted by the Supreme Court, Westchester County, on June 4, 2013, pending the determination of the appeal to this court, and for an enlargement of time to perfect the appeal.
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 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 January 3, 2014; 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 January 3, 2014.
ENTER:
Paul Kenny
Chief Clerk