| People of State of New York v Robert Everle |
| Motion No: 2009-01793 ROCR |
| Slip Opinion No: 2009 NY Slip Op 83908(U) |
| Decided on September 15, 2009 |
| Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- ROBERT EVERLE, Appellant. |
DECISION
Motion by appellant seeking to stay the sentence is granted to the extent of staying all parts of the sentence except for that part which prohibits defendant from "owning or possessing more than two domestic pets excluding any pit bulls, rotweillers or Dobermans" and requires defendant to divest himself of all other animals, on condition that the appeal is perfected by December 4, 2009.
In the event that the above condition is not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days' notice.