Matter of State of New York v G. (Anonymous)
Motion No: 2009-02144
Slip Opinion No: 2009 NYSlipOp 67102(U)
Decided on March 19, 2009
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M84078

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

HOWARD MILLER

RANDALL T. ENG, JJ.

2009-02144

In the Matter of State of New York, appellant,

v Humberto G. (Anonymous), respondent.

(Index No. 31229/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the respondent's release from confinement, pending hearing and determination of an appeal from an undated order of the Supreme Court, Kings County.

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 the respondent's release from confinement is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 20, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 20, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

FISHER, J.P., DILLON, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court