| People of State of New York v Evan Kent |
| Motion No: 2009-00355 NCR |
| Slip Opinion No: 2009 NY Slip Op 83933(U) |
| Decided on September 21, 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- EVAN KENT, Appellant. |
DECISION
Motion by appellant to vacate the dismissal of the appeal is granted and the appeal shall be perfected by November 6, 2009.
On the court's own motion, the stay of the remaining portions of the sentence is reinstated and continued pending determination of the appeal on condition the appeal is perfected by November 6, 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.