Appellate Division: Second Judicial Department

M57820

E/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2007-01015 The People, etc., respondent, v Anthony Bode, appellant. (Ind. No. 436/06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Nassau County, rendered January 26, 2007, in effect, to continue the stay of execution of said judgment, which was granted by a decision and order on motion of this court dated January 31, 2007, pending determination of the appeal to this court.

Upon the papers filed in support of the motion and the papers filed in 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 the decision and order on motion of this court dated January 31, 2007, is extended pending hearing and determination of the appeal, on condition that the appeal is perfected by August 30, 2007, and on the same bail conditions as imposed by the decision and order on motion of this court dated January 31, 2007; and it is further,

ORDERED that counsel for the appellant 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 appellant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before August 30, 2007; 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 appellant to the sentencing court to begin the execution of sentence.

SANTUCCI, J.P., FLORIO, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court