People of State of New York v James T. Wells
Motion No: 2015-01991 NCR
Slip Opinion No: 2016 NY Slip Op 79714(U)
Decided on July 5, 2016
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

ANTHONY MARANO, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2015-1991 N CR
The People of the State of New York, Respondent, v James T. Wells, Appellant.

Motion by appellant, pursuant to CPL 460.30, for a stay of execution of a judgment of conviction of the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency, rendered July 14, 2015, and, in effect, to enjoin the Commissioner of the Department of Motor Vehicles from imposing points on appellant's license, pending the determination of the appeal from the judgment of conviction.

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 a stay of execution of the judgment of conviction 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 the branch of the motion seeking, in effect, to enjoin the Commissioner of the Department of Motor Vehicles from imposing points on appellant's license pending the determination of the appeal is denied; 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 and on the Commissioner of the Department of Motor Vehicles.

ENTER:

Paul Kenny

Chief Clerk