| Matter of Zhi F. Pan v New York State Department of Correct |
| Motion No: 2007-07991 |
| Slip Opinion No: 2008 NYSlipOp 64267(U) |
| Decided on February 21, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M66465
E/sl
HOWARD MILLER, J.P.
JOSEPH COVELLO
RANDALL T. ENG
ARIEL E. BELEN, JJ.
|
2007-07991 In the Matter of Zhi F. Pan, respondent, v New York State Department of Correctional Services, appellant. (Index No. 37058/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent to vacate any automatic stay which may be in effect pursuant to CPLR 5519(a)(1) pending hearing and determination of an appeal from a judgment of the Supreme Court, Kings County, dated June 14, 2007. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the application and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the automatic stay which is in effect pursuant to CPLR 5519(a)(1) is vacated pending hearing and determination of the appeal; and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 18, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
MILLER, J.P., COVELLO, ENG and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court