| People of State of New York v Ahmed Ismail |
| Motion No: 2009-02362 DC |
| Slip Opinion No: 2009 NY Slip Op 92663(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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF STATE OF NEW YORK, Respondent, -against- AHMED ISMAIL, Appellant. |
DECISION
Motion by appellant to stay execution of the order of the Justice Court of the Town of East Fishkill, Dutchess County, dated October 2, 2009, pending the hearing and determination of the appeal is denied as unnecessary.
By order dated November 10, 2009, the Justice Court stayed its order. Moreover, upon the filing of a notice of appeal from an order of humane euthanasia, the order is automatically stayed pending determination of the appeal (see Agriculture and Markets Law § 121 [5] [b]).