| People of State of New York v Kevin J. Prendergast |
| Motion No: 2009-02551 scr |
| Slip Opinion No: 2010 NY Slip Op 76418(U) |
| Decided on July 2, 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. |
of the State of New York for the 9th & 10th judicial Districts
MELVYN TANENBAUM, J.P.
DENISE F. MOLIA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Kevin J. Prendergast, Appellant. |
Motion by appellant to consolidate an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered November 25, 2009, with an appeal from an order of the same court dated March 3, 2010, for an enlargement of time to perfect the consolidated appeal, to continue the stay contained in the order of this court dated March 22, 2010, and for an order directing the District Court to hold a reconstruction hearing.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion by appellant seeking to consolidate the above-captioned appeals is granted and the appeals are consolidated under Appeal No. 2009-2551 S CR; and it is further,
ORDERED that the branch of the motion by appellant seeking an enlargement of time to perfect the consolidated appeal is granted and the appeal shall be perfected by October 1, 2010; and it is further,
ORDERED that the branch of the motion seeking to continue the stay contained in the order of this court dated March 22, 2010 is granted on condition the appeal be perfected by October 1, 2010; and it is further,
ORDERED that the branch of the motion seeking a reconstruction hearing is granted and the matter is remitted to the District Court for a hearing to reconstruct two unrecorded bench conferences.
ENTER:
Angela G. Iannacci
Associate Justice