| People of State of New York v Alan Borst |
| Motion No: 2013-01189 WCR |
| Slip Opinion No: 2014 NY Slip Op 85566(U) |
| Decided on September 4, 2014 |
| 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
ANGELA G. IANNACCI, J.P.
BRUCE E. TOLBERT
JERRY GARGUILO, 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, in effect, to reinstate and continue a stay of the revocation of his driver's license, which stay was granted as part of a stay of enforcement of the judgment of conviction by the Supreme Court, Westchester County, on June 4, 2013. The stay of enforcement of the judgment of conviction was continued by decision and order on motion of this court dated October 3, 2013. The stay of the revocation of defendant's driver's license was reinstated and continued by decision and order on motion of this court dated January 15, 2014. Separate motion by respondent to vacate the stay of enforcement of the judgment of conviction.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, 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 appellant's motion is granted; and it is further,
ORDERED that appellant shall serve a certified copy of this decision and order on motion by mail upon the Commissioner of Motor Vehicles pursuant to Vehicle and Traffic Law section 1808 (a) within 10 days of the date of this decision and order on motion; and it is further,
ORDERED that the stay of the revocation of appellant's motor vehicle operator's license shall terminate and be of no further effect 90 days from the date of this decision and order on motion unless this court shall have extended this stay; and it is further,
ORDERED that respondent's motion to vacate the stay of enforcement of the judgment of conviction is granted to the extent of vacating the stay of the requirement that defendant install an ignition interlock device for six months, and respondent's motion is otherwise denied.
ENTER:
Paul Kenny
Chief Clerk