Ordered that the appeal is held in abeyance, and unless the Supreme Court makes a written order on its decision dated January 26, 1989, within 10 days from the date of this decision and order, the People may commence a proceeding pursuant to CPLR article 78 to compel it to do so; in the event that the court refuses to make an order in accordance herewith, and the People fail to commence a proceeding within 30 days of the date hereof, then the respondent may move to dismiss...
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