| People ex rel. Murphy v Ewald |
| Motion No: 2010-02660 |
| Slip Opinion No: 2010 NY Slip Op 69326(U) |
| Decided on April 22, 2010 |
| 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
M101736
E/sl
MARK C. DILLON, J.P.
HOWARD MILLER
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2010-02660 The People, etc., ex rel., Tiernan Murphy, respondent, v Charles Ewald, etc., appellant. (Index No. 9064-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of so much of a judgment of the Supreme Court, Suffolk County, dated March 4, 2010, as discharges Tiernan Murphy from parole supervision pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and enforcement of so much of the judgment as discharges Tiernan Murphy from parole supervision is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 24, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 24, 2010, the court, on its own motion, may vacate the stay, or Tiernan Murphy may move to vacate the stay, on three days notice.
DILLON, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court