Appellate Division: Second Judicial Department

M34915

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-03926 The People, etc., respondent, v Thomas Thompson, appellant. (Ind. No. 111/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Suffolk County, rendered April 25, 2005, and to continue the stay of execution of said judgment pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and upon the stipulation of the parties, 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 February 17, 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 decision and order on motion dated April 27, 2005, is extended pending hearing and determination of the appeal, on condition that the appeal is perfected by February 17, 2006, and on the same bail conditions contained in the decision and order on motion dated April 27, 2005; 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 February 17, 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.

CRANE, J.P., GOLDSTEIN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court