Opinion
2010-3258 D CR
01-13-2012
The People of the State of New York, Respondent, v. Stanley Jablonka, Appellant.
, J.P.
FRANCIS A. NICOLAI
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on an appeal from a judgment of conviction of the Justice Court of the Town of Stanford, Dutchess County, rendered November 4, 2010, to continue a stay of execution of the judgment of conviction, which was granted by an order on application of this court dated December 17, 2010, for an enlargement of time to perfect the appeal, and to direct the Justice Court to file a return on appellant's affidavit of errors.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 granted by order on application of this court dated December 17, 2010 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; 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 April 6, 2012; and it is further,
ORDERED that the branch of the motion seeking to direct the Justice Court to file a return on appellant's affidavit of errors is granted and the Justice Court shall, within 21 days of service by appellant upon it of copies of the affidavit of errors and the order hereon, file with the clerk of this court the affidavit of errors and the court's return (CPL 460.10 [3] [d], [e]).
ENTER:
Paul Kenny
Chief Clerk