People of State of New York v Michelle Rhode
Motion No: 2016-01134 NCR
Slip Opinion No: 2016 NY Slip Op 87957(U)
Decided on October 4, 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

2016-1134 N CR
The People of the State of New York, Respondent, v Michelle Rhode, Appellant.

Motion by appellant pursuant to CPL 460.50 for a stay of execution of a judgment of conviction of the District Court of Nassau County, Third District, rendered April 15, 2016. Separate motion by respondent for an enlargement of time to serve and file opposition to appellant's motion.

Upon the papers filed in support of the motions, 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 respondent's motion is granted and the papers in opposition are deemed timely served and filed; and it is further,

ORDERED that appellant's motion 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