People v Lynehan, Francis C.
Motion No: 2010-11812
Slip Opinion No: 2011 NY Slip Op 74233(U)
Decided on May 31, 2011
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.


Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M120844

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2010-11812

The People, etc., respondent,

v Francis C. Lynehan, appellant.

(Ind. No. 35/10)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Dutchess County, rendered December 9, 2010, to continue the stay of execution of so much of said judgment, as directed his incarceration, which was granted by a decision and order on motion of this Court dated December 17, 2010, pending determination of the appeal to this Court. The appeal was perfected on May 19, 2011.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the stay of execution of so much of the judgment as directed the appellant's incarceration granted by the decision and order on motion of this Court dated December 17, 2010, is extended pending hearing and determination of the appeal.

RIVERA, J.P., FLORIO, DICKERSON and ENG, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court