Opinion
2021-68391 Motion No: 2021-00219
06-22-2021
In the Matter of the Application of Kirby Forensic Psychiatric Center, Petitioner, v. Sammy M., Respondent. Ind. No. 1449-2008
Hon. Peter H. Moulton Associate Justice
Unpublished Opinion
MOTION DECISION
ORDER GRANTING LEAVE
Hon. Peter H. Moulton Associate Justice
District Attorney, Kings County having moved, pursuant to C.P.L. § 330.20(21)(a)(iii) for leave to appeal to the Appellate Division, First Department, from the order of Supreme Court, New York County, entered on or about December 9, 2020, and should leave be granted, for a stay of enforcement of the order, pending hearing and determination of the appeal,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is
Ordered that the application for leave to appeal is granted. Movants are directed to perfect the appeal for the September Term of this Court. The application for a stay is denied as academic, a stay of enforcement of the order, including the transfer of respondent to a nonsecure facility, having been granted upon the application of petitioner by order of this Court entered March 11, 2021 (See M-2021-00100).