| People of State of New York v Patrick Mccaul |
| Motion No: 2018-01778 DCR |
| Slip Opinion No: 2019 NY Slip Op 66424(U) |
| Decided on March 15, 2019 |
| 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
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Patrick McCaul, Appellant. |
Motion by appellant to vacate an order of this court dated January 14, 2019, which dismissed an appeal from judgments of conviction of the Justice Court of the Town of Lagrange, Dutchess County, rendered July 17, 2018, and to reinstate and continue a stay of the execution of those judgments which was granted by a decision and order on motion of this court dated October 19, 2018, pending the determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the branch of the motion seeking to vacate the January 14, 2019 order of dismissal is granted and the appeal shall be perfected by June 7, 2019; and it is further,
ORDERED that the branch of the motion seeking to reinstate and continue the stay of the execution of the judgments is granted except as to the conditions of probation and the stay is reinstated and extended, except as to the conditions of probation, pending the determination of the appeal on condition that the appeal be perfected by June 7, 2019; and it is further,
ORDERED that in the event the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay, on three days' notice.
ENTER:
Paul Kenny
Chief Clerk