Appellate Division: Second Judicial Department

M123155

T/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-10891 The People, etc., respondent v Constandino Argyris, appellant. (Ind. No. 2078/07)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered November 12, 2010, to continue the stay of execution of said judgment, which was granted by a decision and order on motion of this Court dated November 19, 2010, pending determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition 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 November 19, 2010, is extended pending hearing and determination of the appeal, on condition that the appeal is perfected on or before August 1, 2011, and on the same conditions as imposed by the decision and order on motion of this Court dated November 19, 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 August 1, 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 appellant to the sentencing court to begin the execution of sentence.

RIVERA, J.P., BALKIN, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court