Appellate Division: Second Judicial Department

M143660

S/sl

CHERYL E. CHAMBERS, J.

2012-08351 The People, etc., respondent, v Alfred Gary, appellant. (Ind. No. 225/11)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Nassau County, rendered August 22, 2012.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon hearing the attorneys for the respective parties, it is

ORDERED that the motion is granted and execution of the judgment, including compliance with the condition of probation requiring the appellant to pay restitution in the sum of $139,910 is stayed on condition that the appellant post an insurance company bond in the amount of $5,000; and it is further,

ORDERED that this stay shall terminate and be of no further effect 120 days from the date hereof 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 execute 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.

CHERYL E. CHAMBERS

Associate Justice