Appellate Division: Second Judicial Department

M34466

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-06897 The People, etc., respondent, v Rimvydas Baliukonis, appellant. (Ind. No. 9067/03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, rendered July 6, 2005, and to continue the stay of execution of said judgment which was granted by the Supreme Court, Kings County, on July 6, 2005, pending determination of the appeal to this court.

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 it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until March 7, 2006, the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the stay of execution of the judgment granted by the Supreme Court, Kings County, on July 6, 2005, is extended pending hearing and determination of the appeal, on the same conditions, if any, imposed by the Supreme Court, Kings County, and on condition that the appeal is perfected by March 7, 2006; and it is further,

ORDERED that counsel for the defendant shall serve a copy of this order, by mail, on the Clerk of the court from which the appeal is taken; and it is further,

 ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before March 7, 2006; and it is further,

ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the defendant to the sentencing court to begin the execution of sentence.

H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court