Appellate Division: Second Judicial Department

M167695

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-07178 The People, etc., respondent, v William Flanagan, appellant. (Ind. No. 338/12)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Nassau County, rendered July 15, 2013, to continue a stay of execution of said judgment, including the release of the appellant on his own recognizance, which was granted by a decision and order on motion of this Court dated July 15, 2013.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation it is

ORDERED that the motion is granted, and the stay of execution of the judgment, including the release of the appellant on his own recognizance, is extended on condition that the appeal is perfected by January 14, 2014; 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 January 14, 2014; 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.

RIVERA, J.P., DILLON, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court