| People of State of New York v Rose Neira |
| Motion No: 2013-00087 NCR |
| Slip Opinion No: 2015 NY Slip Op 71218(U) |
| Decided on April 16, 2015 |
| 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
JERRY GARGUILO, J.P.
ANTHONY MARANO
FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Rose Neira, Appellant. |
Motion by appellant to vacate an order of this court dated September 15, 2014, which dismissed an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered December 18, 2012, and to reinstate and continue the stay of execution of said judgment which was granted by decision and order on motion of this court dated March 22, 2013.
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 vacate the order of this court dated September 15, 2014 is granted, the order dated September 15, 2014 is vacated, and the appeal shall be perfected by June 5, 2015; and it is further,
ORDERED that the branch of the motion seeking to reinstate and continue the stay of execution of the judgment is denied; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may dismiss the appeal or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk