Opinion
2011-2424 S CR
11-22-2011
The People of the State of New York, Respondent, v. homas A. Lubrano, Appellant.
, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the District Court of Suffolk County, Sixth District, rendered August 18, 2011, as a poor person, and for a stay of the execution of the judgment.
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 stay the execution of the judgment rendered August 18, 2011 is granted; and it is further,
ORDERED that this stay shall terminate and be of no further effect 120 days from the date of this decision and order unless the appeal shall have been brought to argument or submitted to this court, or unless this court shall have extended this order; and it is further,
ORDERED that appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken; and it is further,
ORDERED that the branch of the motion seeking leave to prosecute the appeal as a poor person is granted; and it is further,
ORDERED, on the court's own motion, that the appeal shall be perfected by January 6, 2012; and it is further,
ORDERED that appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this decision and order; and it is further,
ORDERED that the court stenographer or a certified transcriber, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to appellant; and it is further,
ORDERED that appellant shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court.
ENTER:
Paul Kenny
Chief Clerk