Appellate Division: Second Judicial Department

M107444

T/sl

PETER B. SKELOS, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2010-02194, 2010-04833 The People, etc., respondent, v Steven M. Pordy, appellant. (Ind. No. 09-126)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Rockland County, rendered April 13, 2010 (Appellate Division Docket No. 2010-04833), and to continue a stay issued pursuant to CPL 530.45 by decision and order on motion of this court dated March 10, 2010, under Appellate Division Docket No. 2010-02194.

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 appellant's time to perfect the appeal is enlarged until October 22, 2010, and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the stay granted by decision and order on motion dated March 10, 2010, is extended pending hearing and determination of the appeal on the same bail conditions as set forth in the order dated March 10, 2010; and it is further,

ORDERED that this stay shall terminate and be of no further effect as of October 22, 2010, and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal shall have been brought to argument or submitted to this court, or unless this court shall have extended this order; 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; 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.

SKELOS, J.P., COVELLO, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court