Appellate Division: Second Judicial Department

M107688

E/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

2010-03867 The People, etc., respondent, v Evaristo Gonzalez, appellant. (Ind. No. 09-00390)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Orange County, rendered April 26, 2010, to continue the stay of execution of said judgment, which was granted by a decision and order on motion of this court dated April 27, 2010, pending determination of the appeal to this court.

Upon the papers filed in support of the motion and the stipulation dated August 18, 2010, 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 27, 2010, is extended pending hearing and determination of the appeal, on condition that the appeal is perfected by September 29, 2010, and on the same conditions as imposed by the decision and order on motion of this court dated April 27, 2010; 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 September 29, 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., SANTUCCI, ANGIOLILLO and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court