People of State of New York v Kevin T. Prendergast
Motion No: 2009-02551 scr
Slip Opinion No: 2010 NY Slip Op 66442(U)
Decided on March 22, 2010
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 : NICOLAI, P.J.


NO. 2009-2551 S CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

KEVIN T. PRENDERGAST,

Appellant.

DECISION Motion by appellant seeking to stay conditions 1(A), 3(B) and 4(B) of his probation pending the determination of the appeal is granted upon the condition that the appeal be perfected by June 4, 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.