People of State of New York v Evan Kent
Motion No: 2009-00355 NCR
Slip Opinion No: 2009 NY Slip Op 92647(U)
Decided on December 24, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS


PRESENT : TANENBAUM, J.P., MOLIA and IANNACCI, JJ.


NO. 2009-355 N CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

EVAN KENT,

Appellant.

DECISION

The branch of the motion by appellant seeking an enlargement of time to perfect the appeal is granted, and the appeal shall be perfected by February 5, 2010.

The branch of the motion seeking to continue the stay pending the hearing and determination of the appeal is granted on condition the appeal be perfected by February 5, 2010.

In the event that the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.