2020 New York Laws
VAT - Vehicle and Traffic
Title 9 - Penalties and Disposition of Fines and Forfeitures
Article 45 - Penalties and Disposition of Fines and Forfeitures
1808 - Effect of Stay Order on Appeal From Judgment of Conviction of an Offense Under This Chapter.

Universal Citation: NY Veh & Traf L § 1808 (2020)
§ 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.

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