People of State of New York v Ronald Fabre
Motion No: 2014-00400 NCR
Slip Opinion No: 2014 NY Slip Op 93527(U)
Decided on December 10, 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.


Appellate Term of the Supreme Court

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

ANGELA G. IANNACCI, J.P.

ANTHONY MARANO

BRUCE E. TOLBERT, JJ.

DECISION & ORDER ON MOTION

2014-400 N CR
The People of the State of New York, Respondent, v Ronald Fabre, Appellant.

Motion by appellant to vacate an order of this court dated June 16, 2014, which dismissed an appeal from judgments of conviction of the Justice Court of the Village of Valley Stream, Nassau County, rendered January 29, 2014. Separate motion by appellant pursuant to CPL 460.50 for a stay of execution of the judgments 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 motions are consolidated for purposes of disposition; and it is further,

ORDERED that the motion to vacate the order of this court dated June 16, 2014 is granted, the order dated June 16, 2014 is vacated, and the appeal shall be perfected within 120 days from the day of this decision and order on motion; and it is further,

ORDERED that the motion for a stay of execution of the judgment is granted; and it is further,

ORDERED that this stay shall terminate and be of no further effect 120 days from the date of this decision and order on motion unless the appeal shall have been brought to argument or submitted to this court, or unless this court shall have extended this order; and it is further,

ORDERED that appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken.

ENTER:

Paul Kenny

Chief Clerk