Opinion
2011-2559 S CR
01-11-2012
The People of the State of New York, Respondent v. David Ney, Appellant.
, J.P.
FRANCIS A. NICOLAI
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay of execution of a judgment of conviction of the District Court of Suffolk County, Third District, rendered September 14, 2011. Separate motion by appellant for an enlargement of time to serve and file papers in reply to respondent's opposition to appellant's motion for a stay.
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 papers in reply to respondent's opposition to appellant's motion for a stay is granted and the reply papers are deemed timely served and filed; and it is further,
ORDERED that the motion by appellant for a stay of execution of a judgment of conviction rendered September 14, 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.
ENTER:
Paul Kenny
Chief Clerk