People of State of New York v Eric J. Iverson
Motion No: 2017-02164 SCR
Slip Opinion No: 2018 NY Slip Op 82967(U)
Decided on August 28, 2018
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

2017-2164 S CR
The People of the State of New York, Respondent, v Eric J. Iverson, Appellant.

Motion by appellant, pursuant to CPL 460.50 and 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 October 10, 2017, to continue the stay of execution of the judgment of conviction, which was granted by the Suffolk County Supreme Court on November 9, 2017, pending the determination of the appeal to this court.

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 the stay of execution of the judgment is extended pending the determination of the appeal on condition that the appeal be perfected by September 17, 2018 except that the stay of the suspension of appellant's motor vehicle 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 in the event that the appeal is not perfected by September 17, 2018 the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay, on three days' notice; 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 Law § 1808 (a) within 10 days of the date of this decision and order on motion.

ENTER:

Paul Kenny

Chief Clerk