| Matter of Martin v People of State of New York |
| Motion No: 2016-08832 |
| Slip Opinion No: 2016 NY Slip Op 85345(U) |
| Decided on September 13, 2016 |
| 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
M218055
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX, JJ.
|
2016-08832 In the Matter of Kevin Martin, appellant, v People of State of New York, respondent. (Index No. 2541/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay his sentencing in a matter pending in the City Court of the City of Yonkers, Westchester County, pending hearing and determination of an appeal from a judgment of the Supreme Court, Westchester County, dated August 8, 2016, for summary reversal, and for poor person relief. Cross motion by the respondent to dismiss the appeal on the ground that the underlying proceeding was not based on "a bona fide CPLR article 78 petition."
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are denied.
RIVERA, J.P., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court