Opinion
Motion No: 2016-02216 SCR
09-11-2017
The People of the State of New York, Respondent, v. Christopher Castanza, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate an order of this court dated July 17, 2017, which dismissed an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered September 9, 2016, and to reinstate and continue a stay of the execution of that judgment which was granted by the Supreme Court, Suffolk County, on September 12, 2016, pending the determination of 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 to vacate the dismissal of the appeal is granted and the appeal shall be perfected by December 1, 2017; and it is further,
ORDERED that the branch of the motion seeking to reinstate and continue the stay of the execution of the judgment is granted and the stay is reinstated and extended pending the determination of the appeal on condition that the appeal be perfected by December 1, 2017; 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