| People of State of New York v Robert S. Austin |
| Motion No: 2018-01835 SCR |
| Slip Opinion No: 2019 NY Slip Op 71861(U) |
| Decided on May 29, 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 Robert S. Austin, Appellant. |
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered July 16, 2018, to reinstate and continue a stay of execution of the judgment, which was granted by the Supreme Court, Suffolk County, on August 13, 2018, pending the determination of the appeal to this court, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by August 5, 2019; and it is further,
ORDERED that the branch of the motion seeking to reinstate and continue the stay is granted and the stay of execution of the judgment is reinstated and extended pending the determination of the appeal on condition that the appeal be perfected by August 5, 2019, 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 August 5, 2019 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; and it is further,
ORDERED that the cross motion to dismiss the appeal is denied.
ENTER:
Paul Kenny
Chief Clerk