Appellate Division: Second Judicial Department

M150886

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

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

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Nassau County, rendered August 22, 2012, to continue a stay of execution of said judgment, including compliance with the condition of probation requiring the appellant to pay restitution in the sum of $139,910, which was granted by a decision and order on motion of this Court dated September 17, 2012.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted and the stay of execution of the judgment, including compliance with the condition of probation requiring the appellant to pay restitution in the sum of $139,910, granted by the decision and order on motion of this Court dated September 17, 2012, is extended pending determination of the appeal on condition that the appeal is perfected by March 12, 2013, and on condition that the bond posted by the appellant remains in effect; 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 March 12, 2013; 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court