Appellate Division: Second Judicial Department

M82685

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

HOWARD MILLER

CHERYL E. CHAMBERS, JJ.

2008-09386 The People, etc., respondent, v Victor Colletti, appellant. (Ind. No. 606/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered October 15, 2008, to continue the stay of execution of said judgment, which was granted by a decision and order on motion of this court dated October 15, 2008, 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 stay of execution of the judgment granted by the decision and order on motion of this court dated October 15, 2008, is extended pending hearing and determination of the appeal, on condition that the appeal is perfected by March 23, 2009, and on the same conditions as imposed by the decision and order on motion of this court dated October 15, 2008; 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 March 23, 2009; 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.

RIVERA, J.P., RITTER, MILLER and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court