Appellate Division: Second Judicial Department

M136163

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2011-06453 The People, etc., respondent, v Lemaine Fisher, appellant. (Ind. No. 3421/09)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered July 8, 2011, to continue the stay of execution of said judgment granted by the Supreme Court, Kings County, on July 8, 2011, and continued by decision and order on motion of this Court dated February 8, 2012, pending determination of the appeal to this Court.

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 the stay of continued of the judgment granted by the Supreme Court, Kings County, rendered July 8, 2011, is continued pending hearing and determination of the appeal, on condition that the appeal is perfected by July 11, 2012, and on the same bail conditions as set by the Supreme Court, Kings County, on July 8, 2011; 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 July 11, 2012; 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., ANGIOLILLO, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court