Section 1808. Effect of stay order on appeal from judgment of conviction of an offense under this chapter  


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  • (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.