| STATE OF NEW YORK V DANIEL FLAGG |
| Motion No: CA 10-00776 |
| Slip Opinion No: 2010 NY Slip Op 73846(U) |
| Decided on June 1, 2010 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-00776
| STATE OF NEW YORK, PETITIONER-APPELLANT, V DANIEL FLAGG,
RESPONDENT-RESPONDENT. |
Appellant State of New York having moved, upon the return of an order to show cause and amended order to show cause granted by the Honorable John V. Centra on April 5, 2010, for an order pursuant to Mental Hygiene Law § 10.13 (a) staying the order of the Supreme Court, Onondaga County, dated April 2, 2010,
Now, upon reading and filing the affirmation of December M. Sutton, Esq. dated April 2, 2010, said show cause order with proof of service thereof, the opposing affirmation of Lisa L. Paine, Esq. dated April 8, 2010, the statement of Kathleen M. Treasure, Esq. dated May 17, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and respondent shall remain confined in the Onondaga County Correctional Facility at Jamesville, New York pending this Court's hearing and determination of the appeal taken herein from the order of the Supreme Court, Onondaga County, dated April 2, 2010, on the condition that appellant perfects its appeal on or before July 1, 2010, in which case the appeal shall be added to the calendar of the Court for the term commencing September 7, 2010.
Entered: June 1, 2010
Patricia L. Morgan, Clerk