Appellate Division: Second Judicial Department

M169895

E/ct

PETER B. SKELOS, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2013-08636 The People, etc., respondent, v Carlos Palencia, appellant. (Ind. No. 1490/12)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Nassau County, rendered September 13, 2013, to continue a stay of execution of said judgment, which was granted by a decision and order on motion of this Court dated September 30, 2013.

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 the stay of execution of the judgment granted by the decision and order on motion of this Court dated September 30, 2013, is extended pending determination of the appeal on condition that the appeal is perfected by April 21, 2014, and on the same conditions imposed by the decision and order on motion of this Court dated September 30, 2013; 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 April 21, 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.

SKELOS, J.P., LOTT, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court