People ex rel. Rosario v Superintendent, Fishkill Correctional Facilit
Motion No: 2019-07362
Slip Opinion No: 2019 NY Slip Op 76208(U)
Decided on July 26, 2019
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

M264792

E/sl

SYLVIA O. HINDS-RADIX, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2019-07362

The People, etc., ex rel. Jesus Rosario, respondent,

v Superintendent, Fishkill Correctional Facility,

et al., appellants.

(Index No. 479/2019)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order and judgment (one paper) of the Supreme Court, Dutchess County, dated June 19, 2019, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and enforcement of the order and judgment dated June 19, 2019, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 26, 2019; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 26, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

HINDS-RADIX, J.P., DUFFY, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court