| People of State of New York v Kevin J. Prendergast |
| Motion No: 2009-02551 scr |
| Slip Opinion No: 2010 NY Slip Op 87536(U) |
| Decided on November 5, 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
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
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 on a consolidated appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered November 25, 2009, and an order of the same court dated March 3, 2010, to continue a stay contained in an order of this court dated March 22, 2010, for an enlargement of time to perfect the appeal to November 1, 2010, and to seal paragraph 10 of appellant's counsel's affirmation.
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 seeking an enlargement of time to perfect the appeal is granted nunc pro tunc and the appeal is deemed timely perfected; 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; and it is further,
ORDERED that paragraph 10 of defense counsel's affirmation is sealed from public view.
ENTER:
Paul Kenny
Chief Clerk