People of State of New York v Louis G. Brigandi
Motion No: 2015-01602 SCR
Slip Opinion No: 2017 NY Slip Op 75863(U)
Decided on May 26, 2017
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

2015-1602 S CR
The People of the State of New York, Respondent, v Louis G. Brigandi, Appellant.

Motion by appellant, pursuant to Vehicle and Traffic Law § 1808, on an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered May 28, 2015, to continue a stay of the suspension of appellant's motor vehicle license, which stay was granted by decision and order on motion of this court dated September 9, 2015 and extended by decision and order on motion of this court dated April 11, 2016. By decision and order on motion dated March 16, 2017, an application by appellant for writ of error coram nobis for an extension of time to file an affidavit of errors was granted and appellant's motion for a stay was held in abeyance pending the timely filing of an affidavit of errors. An affidavit of errors has now been filed.

Now, upon the papers filed in support of the motion and the papers filed in response thereto, it is

ORDERED that the motion 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 § 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.

ENTER:

Paul Kenny

Chief Clerk