| People of State of New York v Robert O'neill |
| Motion No: 2016-00715 SCR |
| Slip Opinion No: 2017 NY Slip Op 81064(U) |
| Decided on July 19, 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. |
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 Robert O'Neill, Appellant. |
Motion by appellant, pursuant to CPL 460.50 and Vehicle and Traffic Law § 1808, to continue a stay of the execution of a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered February 16, 2016, including the revocation of appellant's motor vehicle operator's license, which stay was granted by decision and order on motion of this court dated February 14, 2017, and to direct respondent to notify the New York State Department of Motor Vehicles of the stay.
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 to continue the stay 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 defendant'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 remainder of the stay of execution of the judgment of conviction is extended pending the determination of the appeal; and it is further,
ORDERED that the branch of the motion seeking to direct respondent to notify the New York State Department of Motor Vehicles of the stay is denied.
ENTER:
Paul Kenny
Chief Clerk