| Matter of State of New York v Y. (Anonymous) |
| Motion No: 2009-10554 |
| Slip Opinion No: 2009 NY Slip Op 89806(U) |
| Decided on November 27, 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
M95170
E/cb
MARK C. DILLON, J.P.
FRED T. SANTUCCI
ANITA R. FLORIO
L. PRISCILLA HALL, JJ.
|
2009-10554 In the Matter of State of New York, appellant, v Louis Y. (Anonymous), respondent. (Index No. 34533/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay the release of Louis Y. pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated November 18, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal from a decision of the Supreme Court, Suffolk County, dated October 21, 2009, is deemed to be a premature notice of appeal from the order dated November 18, 2009 (see CPLR 5520[c]); and it is further,
ORDERED that the motion is granted, and the release of Louis Y. is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 30, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 30, 2009, the court, on its own motion, may vacate the stay, or Louis Y. may move to vacate the stay, on three days notice.
DILLON, J.P., SANTUCCI, FLORIO and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court