Appellate Division: Second Judicial Department

M111148

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2009-10395, 2009-10396 The People, etc., respondent, v Paul Salamone, appellant. (Ind. Nos. 2040-08, 472-09)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two judgments of the County Court, Suffolk County, both rendered October 6, 2009, to enlarge the time to perfect the appeals, and to continue the stay of execution of said judgments pursuant to CPL 460.50 which was granted by an order of the same court dated October 16, 2009, and continued by a decision and order on motion of this Court dated July 16, 2010.

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 appeals is enlarged until January 18, 2011, and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the stay of execution of the judgment granted by the order dated October 16, 2009, and continued by a decision and order on motion of this Court dated July 16, 2010, is extended pending hearing and determination of the appeals; and it is further,

ORDERED that counsel for the defendant shall serve a copy of this order, by mail, on the Clerk of the Court from which the appeals are taken; and it is further,

ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeals are perfected on or before January 18, 2011; 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 defendant to the sentencing court to begin the execution of sentence.

RIVERA, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court