N.Y. Vehicle and Traffic Law 1808 – Effect of stay order on appeal from judgment of conviction of an offense under this chapter
§ 1808. Effect of stay order on appeal from judgment of conviction of an offense under this chapter. (a) When an appeal is taken to an intermediate appellate court from a conviction of an offense under this chapter resulting in the suspension or revocation of the defendant's motor vehicle operator's license, and a stay of execution is granted ordering reinstatement of such license during the pendency and until the determination of such appeal, service of a certified copy of such stay order by mail upon the commissioner of motor vehicles shall be binding upon the commissioner; and during a period of ninety days from the date such stay order was granted, or until such appeal is determined, if sooner than ninety days, such commissioner shall be stayed from taking any proceedings under the vehicle and traffic law to suspend or revoke such license on account of such conviction; and such order shall contain appropriate provisions to that effect.
Terms Used In N.Y. Vehicle and Traffic Law 1808
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Conviction: A judgement of guilt against a criminal defendant.
(b) For good cause shown, such stay may be extended by the court, in its discretion, for additional periods not to exceed ninety days each; such extension order or orders, when served upon the commissioner of motor vehicles in the same manner as the original stay order, shall be binding upon him to the same extent as the original stay order for such additional period or periods.
(c) A stay order or orders issued pursuant to § 460.50 of the criminal procedure law which purport to reinstate a license during the pendency of an appeal from a conviction resulting in the suspension or revocation of a license shall, for the purposes of such reinstatement, be deemed to be issued in accordance with the provisions of this section and the ninety day stay period authorized by this section shall apply.