Opinion
Motion No: 2016-01641 PCR
12-15-2016
The People of the State of New York, Respondent, v. Mark Hamilton Ventura, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant, pursuant to CPL 460.50, for a stay of execution of a judgment of conviction of the Justice Court of the Town of Philipstown, Putnam County, rendered May 25, 2016. By order to show cause dated September 19, 2016, appellant was directed either (1) to show cause before this court why the appeal should not be dismissed on the ground that the appeal was not properly taken in that no affidavit of errors was filed or (2) if so advised, to make a motion in this court pursuant to CPL 460.30 for an extension of time to file an affidavit of errors. By decision and order on motion of this court dated October 17, 2016, appellant's motion for an extension of time to file an affidavit of errors was granted. The affidavit of errors was filed on October 26, 2016.
Upon the papers filed in support of appellant's motion for a stay and the papers filed in opposition thereto, upon the order to show cause, and upon this court's decision and order on motion dated October 17, 2016, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that appellant's motion for a stay 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 on motion 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