Opinion
2011-3182 S CR
04-17-2012
The People of the State of New York, Respondent, v. Michael Ballard, Appellant.
, J.P.
FRANCIS A. NICOLAI
DENISE F. MOLIA, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered December 5, 2011, to continue the stay of execution of said judgment, which was granted by the Supreme Court, Suffolk County, on December 7, 2011, pending the determination of the appeal, for an enlargement of time to perfect the appeal, and for leave to prosecute the appeal on an abridged record dispensing with the minutes of trial and sentencing.
Upon the papers filed in support of the motion and the papers filed in partial opposition thereto, it is
ORDERED that the branch of the motion seeking to continue the stay of execution of the judgment 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 July 6, 2012; and it is further,
ORDERED that in the event that 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; and it is further,
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 July 6, 2012; and it is further,
ORDERED that the branch of the motion seeking leave to submit the appeal on an abridged record dispensing with the minutes of the trial and sentencing is granted.
ENTER:
Paul Kenny
Chief Clerk