Appellate Division: Second Judicial Department

M184641

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2014-07530 The People, etc., respondent, v Damion Cox, appellant. (Ind. No. 2290/11)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered August 5, 2014, to continue a stay of execution of said judgment, which was granted by decision and order on motion of this Court dated August 8, 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 the judgment granted by the decision and order on motion of this Court dated August 8, 2014, is extended pending hearing and determination of the appeal on condition that the appeal is perfected by March 19, 2015, and on the same conditions imposed by the decision and order on motion of this Court dated August 8, 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 March 19, 2015; 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 decision and order on motion, by mail, on the clerk of the court from which the appeal is taken.

SKELOS, J.P., DILLON, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court