Appellate Division: Second Judicial Department

M252863

E/mm

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2018-06714, 2018-06716 The People, etc., appellant, v Christian Arevalo, respondent. (Ind. No. 1798N/17)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, dated April 26, 2018, and June 5, 2018, respectively, inter alia, to stay enforcement of so much of the order dated April 26, 2018, as directs that any re-presentation of the underlying matter to the grand jury be made within 30 days, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that enforcement of so much of the order dated April 26, 2018, as directs that any re-presentation of the underlying matter to the grand jury be made within 30 days is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before August 20, 2018; and it is further,

ORDERED that in the event the appeals are not perfected on or before August 20, 2018, 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 motion is otherwise denied.

DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court