Appellate Division: Second Judicial Department

M218583

E/afa

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON, JJ.

2016-07136 The People, etc., respondent, v Timothy J. Bittrolff, appellant. (Ind. No. 155/15)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated September 15, 2016, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered May 2, 2016, to extend a stay of execution of said judgment, which was granted by an order of the Supreme Court, Suffolk County, dated May 3, 2016.

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 order of the Supreme Court, Suffolk County, dated May 3, 2016, is extended pending determination of the appeal on condition that the appeal is perfected by January 17, 2017, and on the same conditions imposed by the order of the Supreme Court, Suffolk County, dated May 3, 2016; 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 17, 2017; 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 copies of this order, by mail, on the clerk of the County Court, Suffolk County, and the clerk of the Supreme Court, Suffolk County.

BALKIN, J.P., DICKERSON, COHEN and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court