| In the Matter of Rudi Rivas v James J. Walsh as Superintendent of Sullivan Correctional Facility. |
| Motion No: 505092 |
| Slip Opinion No: 2008 NYSlipOp 85302(U) |
| Decided on September 25, 2008 |
| Appellate Division, Third 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. |
Decided and Entered: September 25, 2008
Case # 505092
In the Matter of RUDI RIVAS, Appellant, v Respondent. | DECISION AND ORDER ON MOTION |
Motion for stay.
Upon the papers filed in support of the motion, and no papers having been filed
in opposition thereto, it is
ORDERED that the motion is denied, without costs. It is noted that absent an intervening motion
by respondent, the Court may accept appellant's record on appeal and brief up to nine months from the date of his notice of appeal
(see 22 NYCRR 800.12).
CARDONA, P.J., MERCURE, CARPINELLO, ROSE and MALONE JR., JJ.,
concur.
ENTER:
Michael J. Novack
Clerk of the Court