N.Y. Vehicle & 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.

(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.