| IN THE MATTER OF THE STATE OF NEW YORK V JOEY BLAIR |
| Motion No: CA 09-01213 |
| Slip Opinion No: 2009 NY Slip Op 75492(U) |
| Decided on June 17, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND PERADOTTO, JJ.
DOCKET NO. CA 09-01213
| IN THE MATTER OF THE STATE OF NEW YORK, PETITIONER-APPELLANT,
V JOEY BLAIR, RESPONDENT-RESPONDENT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto on June 15, 2009, for a stay of respondent's release from confinement pending the hearing and determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Allegany on June 8, 2009,
Now, upon reading and filing the affirmation of Thomas J. Schoellkopf dated June 13, 2009, said show cause order with proof of service thereof, the opposing affirmation of Margot S. Bennett dated June 15, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted, and respondent's release from confinement is hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before July 17, 2009, in which event,
It is further ORDERED that the appeal is to be added to the calendar for the term of this Court commencing September 8, 2009, and this order shall not stay further proceedings at Supreme Court pursuant to Mental Hygiene Law article 10 pending the hearing and determination of the appeal.
Entered: June 17, 2009
Patricia L. Morgan, Clerk