| People ex rel. Lucien v Superintendent Fishkill Correctional Facility |
| Motion No: 2019-14343 |
| Slip Opinion No: 2020 NY Slip Op 63398(U) |
| Decided on February 21, 2020 |
| 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
M269818
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2019-14343 The People, etc., ex rel. Leonidas Lucien, respondent, v Superintendent Fishkill Correctional Facility, appellant. (Index No. 1367/19)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Dutchess County, dated December 6, 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 judgment is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 23, 2020; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 23, 2020, 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.
DILLON, J.P., AUSTIN, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court