| People ex rel. Baez v Superintendent, Queensboro Correction |
| Motion No: 2013-07534 |
| Slip Opinion No: 2013 NY Slip Op 83644(U) |
| Decided on August 28, 2013 |
| 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
M161365
S/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2013-07534
People ex rel. Eduardo Baez, respondent, v Superintendent, Queensboro Correctional Facility, etc., et al., appellants. (Index No. 38/13)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an amended judgment of the Supreme Court, Queens County, dated May 6, 2013, to confirm that an automatic stay of the amended judgment pursuant to CPLR 5519(a)(1) is in effect pending hearing and determination of the appeal, or, in the alternative, to stay enforcement of the amended judgment pending hearing and determination of the appeal pursuant to CPLR 5519(c).
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to confirm that an automatic stay of the amended judgment pursuant to CPLR 5519(a)(1) is in effect pending hearing and determination of the appeal is granted; and it is further,
ORDERED that the motion is otherwise denied as academic.
SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court