Appellate Division: Second Judicial Department

M234774

E/afa

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2017-05908 The People, etc., appellant, v Alfred Balcerak, respondent. (Ind. No. 1030/13)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay all proceedings in the above-entitled action, except determination of the appellant's motion for leave to reargue, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated May 3, 2017. Motion by the respondent for an expedited briefing schedule and a preference in the calendaring of the appeal.

Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and the papers filed in relation thereto, it is

ORDERED that the motions are granted; and it is further,

ORDERED that all proceedings in the above-entitled action are stayed, except determination of the appellant's motion for leave to reargue in the Supreme Court, Nassau County, pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 11, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 11, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondent shall serve and file a brief, if any, on or before September 6, 2017; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before September 16, 2017; and it is further,

ORDERED that the appeal will be calendared expeditiously after all of the briefs have been filed.

RIVERA, J.P., AUSTIN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court