Appellate Division: Second Judicial Department

M162546

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-08126 The People, etc., respondent, v Brian W. Wiley, appellant. (Ind. No. 1637/11)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 to continue a stay of execution of a judgment of the County Court, Nassau County, rendered December 17, 2012, which was granted by the County Court, Nassau County, on that date, pending determination of the appeal to this Court, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted, the stay of execution of the judgment granted by the County Court, Nassau County, on December 17, 2012, is extended pending hearing and determination of the appeal, on condition that the appeal is perfected by October 21, 2013, and the time to perfect the appeal is enlarged until that date; 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 October 21, 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.

SKELOS, J.P., DICKERSON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court