| People ex rel. Kornberg, o/b/o Furino v Warden of Nassau Co |
| Motion No: 2008-11056 |
| Slip Opinion No: 2008 NYSlipOp 92328(U) |
| Decided on December 17, 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
M80031
T/sl
DANIEL D. ANGIOLILLO, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2008-11056 The People, etc., ex rel. Marvin Kornberg, o/b/o Furino, respondent, v Warden of Nassau County Correctional Facility, appellant. (Ind. No. 2400/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Queens County, dated December 5, 2008, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of the judgment is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 29, 2008; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 29, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
ANGIOLILLO, J.P., LEVENTHAL, BELEN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court