Appellate Division: Second Judicial Department

M93153

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2009-01799 The People, etc., respondent v Oscar Mazarigos, appellant. (Ind. No. 2057-08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Suffolk County, rendered February 25, 2009, to continue the stay of execution of said judgment, which was granted by a decision and order on motion of this court dated March 6, 2009, and extended by a decision and order on motion of this court dated June 22, 2009, 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 March 6, 2009, is extended pending hearing and determination of the appeal, on condition that the appeal is perfected by December 21, 2009, and on the same bail conditions as imposed by the decision and order on motion of this court dated March 6, 2009; 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 December 21, 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.

DILLON, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court