Opinion
Motion No: 2016-02705 SCR
05-12-2017
The People of the State of New York, Respondent, v. Joel Sarant, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered September 12, 2016, and, pursuant to CPL 460.50 and Vehicle and Traffic Law § 1808, to stay the execution of the judgment of conviction and the suspension of appellant's motor vehicle operator's license. By decision and order on motion of this court dated January 27, 2017, the branch of the motion seeking an extension of time was granted and the branch of the motion seeking a stay was held in abeyance pending the timely filing of an affidavit of errors. An affidavit of errors has now been filed.
Now, 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 of conviction, including the suspension of appellant's motor vehicle operator's license is granted; and it is further,
ORDERED that appellant shall serve a certified copy of this decision and order on motion by mail upon the Commissioner of Motor Vehicles pursuant to Vehicle and Traffic Law § 1808 (a) within 10 days of the date of this decision and order on motion; and it is further,
ORDERED that the stay of the revocation of appellant's motor vehicle operator's license shall terminate and be of no further effect 90 days from the date of this decision and order on motion unless this court shall have extended this order.
ENTER:
Paul Kenny
Chief Clerk