| People v Surin, Dieuvais |
| Motion No: 2008-09709 |
| Slip Opinion No: 2009 NYSlipOp 67255(U) |
| Decided on March 20, 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. |
Appellate Division: Second Judicial Department
M83839
S/sl
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2008-09709 The People, etc., respondent, v Dieuvais Surin, appellant. (Ind. No. 1010/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered September 29, 2008, in effect, to continue the stay of execution of said judgment, which was granted by order of the Supreme Court, Kings County, dated September 29, 2008, pending determination of the appeal to this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is deemed to be an application pursuant to CPL 460.50 and is referred to Justice William F. Mastro for determination.
The order of the Supreme Court, Kings County, dated September 29, 2008, was a nullity as the appellant had not filed a notice of appeal at the time the order was issued (see CPL 460.50[1}; People v Shakur, 215 AD2d 184; People v Garcia, 437 NYS2d 382). However, a Justice of this court has the jurisdiction to entertain the motion as an initial application for a stay pursuant to CPL 460.50 (see People v Garcia, 437 NYS2d 382, 383).
MASTRO, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court