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This entry was published on 2014-09-22
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SECTION 1808
Effect of stay order on appeal from judgment of conviction of an offense under this chapter
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 9, ARTICLE 45
§ 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.

(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 section 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.