Appellate Division: Second Judicial Department

M45222

S/nl

ANITA R. FLORIO, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT J. LUNN, JJ.

2006-06132 The People, etc., respondent, v Raymond Montefusco, appellant. (Ind. No. 02542-04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered June6, 2006, to continue the stay of execution of said judgment, which was granted by order of the County Court, Suffolk County, dated June 7, 2006, pending determination of the appeal to this court.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto; it is

ORDERED that the motion is granted; and it is further,

ORDERED that the stay of execution of the judgment granted by order of the County Court, Suffolk County, dated June 7, 2006, is extended pending hearing and determination of the appeal, on condition that the appeal is perfected by January 3, 2007, and on the same bail conditions as contained in the order dated June 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 January 3, 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.

FLORIO, J.P., GOLDSTEIN, LUCIANO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court