Appellate Division: Second Judicial Department

M173806

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

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

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Suffolk County, rendered July 10, 2013, to continue a stay of execution of so much of the judgment as imposed three years probation and directed him to pay restitution, which was granted by decision and order of this Court dated January 17, 2014.

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

ORDERED that the motion is granted, and the stay of execution of so much of the judgment as imposed three years probation and directed the appellant to pay restitution is continued, on condition that the appeal is perfected by July 16, 2014; and it is further,

ORDERED that this stay shall terminate and be of no further effect, and the appellant shall thereafter comply with so much of the judgment as imposed three years probation and directed him to pay restitution, unless the appeal is perfected on or before July 16, 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 execution of the provisions of the judgment that 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 appeal is taken.

RIVERA, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court