| People of State of New York v Larry Guyette |
| Motion No: 2015-02781 SCR |
| Slip Opinion No: 2016 NY Slip Op 90286(U) |
| Decided on October 24, 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. |
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
| The People of the State of New York, Respondent, v Larry Guyette, Appellant. |
Motion by appellant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered November 13, 2015, and to continue a stay of execution of the judgment, which was granted by the Supreme Court, Suffolk County, on November 23, 2015, and extended by decision and order on motion of this court dated March 22, 2016. Separate motion by appellant for an enlargement of time to perfect the appeal and to compel the District Court to file the record on appeal with this court.
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 branch of appellant's motion seeking an extension of time to take an appeal is granted and appellant's time to file an affidavit of errors is extended 30 days from the date of this decision and order on motion; and it is further,
ORDERED that the branch of appellant's motion seeking to continue the stay of execution of the judgment pending the determination of the appeal 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 order; and it is further,
ORDERED that the branch of appellant's motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by December 2, 2016; and it is further,
ORDERED that the branch of appellant's motion seeking to compel the District Court to file the record on appeal with this court is denied as premature, as the record is not yet complete.
ENTER:
Paul Kenny
Chief Clerk