N.Y. Vehicle & Traffic Law Section 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.

Source: Section 1808 — Effect of stay order on appeal from judgment of conviction of an offense under this chapter, https://www.nysenate.gov/legislation/laws/VAT/1808 (updated Sep. 22, 2014; accessed Nov. 1, 2025).

1800
Penalties for traffic infractions 1801
Penalties for misdemeanors 1802
Receipts for fines or bail 1803
Disposition of fines and forfeitures 1804
Prohibition of imposition and collection of a fine, penalty, forfeiture, fee or surcharge 1805
Plea of guilty, how put in 1806
Plea of not guilty by a defendant charged with a traffic infraction 1806–A
Default judgment in cases of failure to answer 1807
Provisions applicable to arraignments for traffic violations 1808
Effect of stay order on appeal from judgment of conviction of an offense under this chapter 1809
Mandatory surcharge and crime victim assistance fee required in certain cases 1809–A
Mandatory surcharge required in certain cities for parking, stopping and standing violations 1809–AA
Mandatory surcharge required for certain parking violations 1809–B
Mandatory surcharge required for certain violations relating to handicapped parking spaces 1809–C
Additional surcharge required for certain violations relating to driving while intoxicated and driving while impaired 1809–D
Mandatory surcharge for violation of maximum speed limits in highway construction or maintenance work areas 1809–E
Additional surcharge required for certain violations 1810
Compensation of officers shall not depend upon apprehension or arrests

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N.Y. Vehicle & Traffic Law Section 1808 Effect of stay order on appeal from judgment of conviction of an offense under this chapter

(a)

(b)

(c)

N.Y. Vehicle & Traffic Law Section 1808
Effect of stay order on appeal from judgment of conviction of an offense under this chapter