PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 16-00076
SCI No: 2014-275

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DONALD SCHWARTZ, DEFENDANT-APPELLANT.

Appellant having moved for a stay, pursuant to CPLR 5519 (c), of the order of Niagara County Court dated November 10, 2015, pending this Court's determination of the appeal taken herein from said order,

Now, upon reading and filing the affirmation of Jeremy D. Schwartz, Esq. dated January 29, 2016, the notice of motion with proof of service thereof, the order to show cause granted by the Honorable Gerald J. Whalen dated February 3, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the order dated November 10, 2015 insofar as it directs appellant to register as a level two sex offender is stayed pending the determination of the appeal on the conditions that appellant shall be required to register as a level one sex offender and comply with any and all requirements of such registration and classification, and shall perfect the appeal on or before March 14, 2016, and

It is further ORDERED that a failure to comply with the conditions outlined in the first ordering paragraph will result in the termination of the instant order, and the restoration of appellant's status as a level two sex offender for the pendency of said appeal.

Entered: March 1, 2016

Frances E. Cafarell, Clerk