Appellate Division: Second Judicial Department

M107308

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2008-01855 The People, etc., respondent, v Rodney Flora, appellant. (Ind. No. 1268/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered January 31, 2008, to continue the stay of execution of said judgment, which was granted by a decision and order on motion of this court dated April 8, 2010, 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 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 April 8, 2010, is extended pending hearing and determination of the appeal, on condition that the appeal is perfected by October 18, 2010; 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 October 18, 2010; 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.

MASTRO, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court