Appellate Division: Second Judicial Department

M168564

S/sl

JEFFREY A. COHEN, J.

2013-07651 The People, etc, respondent, v Robert DiSalvo, appellant. (Ind. No. 1835/12)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of so much of a judgment of the Supreme Court, Suffolk County, rendered July 10, 2013, as imposed three years probation and directed him to pay restitution.

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

ORDERED that the motion is granted, execution of so much of the judgment as imposed three years probation and directed the appellant to pay restitution is stayed; and it is further,

ORDERED that this stay shall terminate and be of no further effect 120 days from the date hereof and the appellant shall thereafter continue to comply with all provisions of the judgment which imposed three years probation and directed him to pay restitution, unless the appeals 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 continue to comply with all provisions of the judgment which imposed three years probation and directed him to pay restitution; 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 appeals are taken.

JEFFREY A. COHEN

Associate Justice