| Matter of Pitt v Walsh |
| Motion No: 2009-08710 |
| Slip Opinion No: 2009 NY Slip Op 86921(U) |
| Decided on October 26, 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
M93253
E/sl
RUTH C. BALKIN, J.P.
RANDALL T. ENG
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2009-08710 In the Matter of Russell Pitt, petitioner, v John P. Walsh, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner to stay all proceedings in an action entitled People v Russell Pitt, pending in the Supreme Court, Kings County, under Indictment Number 1425/05, pending hearing and determination of a proceeding pursuant to CPLR article 78 in the nature of mandamus to compel a determination of his motion pursuant to CPL 30.30, and for poor person relief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for a stay is granted on consent and all proceedings in an action entitled People v Russell Pitt, pending in the Supreme Court, Kings County, under Indictment Number 1425/05, are stayed pending hearing and determination of the proceeding; and it is further,
ORDERED that the branch of the motion which is for poor person relief is granted to the extent that the filing fee is waived and is otherwise denied as unnecessary.
BALKIN, J.P., ENG, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court