Opinion
2011-346 S CR
01-26-2012
The People of the State of New York, Respondent, v. Breen 1, LLC, Appellant.
, J.P.
FRANCIS A. NICOLAI
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate an order of this court dated September 13, 2011, which dismissed an appeal from a judgment of conviction of the District Court of Suffolk County, Third District, rendered December 15, 2010, and to reinstate and continue the stay of execution of said judgment which was granted by decision and order of this court dated July 18, 2011. Separate motion by appellant for an enlargement of time to serve and file papers in reply to respondent's opposition papers.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellant's motions are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion for an enlargement of time to serve and file reply papers is granted and appellant's reply papers are deemed timely served and filed; and it is further,
ORDERED that the branch of the motion seeking to vacate the order of this court dated September 13, 2011 is granted, the order dated September 13, 2011 is vacated, and the appeal shall be perfected by April 6, 2012; and it is further,
ORDERED that the branch of appellant's motion seeking to reinstate and continue the stay of execution of the judgment granted by decision and order of this court dated July 18, 2011 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 April 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.
ENTER:
Paul Kenny
Chief Clerk