People v Retallack, Todd
Motion No: 2012-06158
Slip Opinion No: 2013 NY Slip Op 73756(U)
Decided on May 14, 2013
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

M156301

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2012-06158, 2013-01374

The People, etc., respondent,

Todd Retallack, appellant.

(Ind. No. 11-00370)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Rockland County, rendered December 9, 2012, and to continue a securing order issued pursuant to CPL 530.45 by decision and order on application of this Court dated July 6, 2012, as amended September 12, 2012.

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 it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until July 15, 2013, and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the securing order granted by decision and order on application dated July 6, 2012, as amended September 12, 2012, is extended pending hearing and determination of the appeal on the same conditions as set forth in the order dated July 6, 2012, as amended September 12, 2012; and it is further,

ORDERED that the securing order shall terminate and be of no further effect as of July 15, 2013, and the defendant 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 the securing order as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the defendant to the sentencing court to begin the execution of sentence; and it is further,

ORDERED that counsel for the defendant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken.

SKELOS, J.P., ANGIOLILLO, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court