People v Sheehan, Barbara
Motion No: 2011-09374
Slip Opinion No: 2012 NY Slip Op 69115(U)
Decided on April 2, 2012
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M135715

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2011-09374, 2011-11719

The People, etc., respondent,

v Barbara Sheehan, appellant.

(Ind. No.1124/08)

DECISION & ORDER ON MOTION

Motion by the appellant to extend the time to perfect an appeal from a judgment of the Supreme Court, Queens County, rendered November 10, 2011 (Appellate Division Docket No. 2011-11719), and to continue a stay issued pursuant to CPL 530.45 by decision and order on motion of this Court dated October 21, 2011, under Appellate Division Docket No. 2011-09374.

Upon the papers filed in support of the motion and the stipulation of the parties dated March 20, 2012, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal from the judgment rendered November 10, 2011, is enlarged until April 26, 2012, 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 October 21, 2011, is extended pending hearing and determination of the appeal on the same bail conditions as set forth in the decision and order on motion dated October 21, 2011; and it is further,

ORDERED that this stay shall terminate and be of no further effect as of April 26, 2012, 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.

DILLON, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court