Appellate Division: Second Judicial Department

M227496

E/afa

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2015-10384 The People, etc., respondent, v Kethlie Joseph, appellant. (Ind. No. 5002/14)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered October 28, 2015, to continue a stay of execution of said judgment, which was granted by a decision and order on motion of this Court dated November 5, 2015, and continued by decisions and orders on motion of this Court dated March 17, 2016, July 22, 2016, and November 4, 2016, respectively.

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 November 5, 2015, and continued by the decisions and orders on motion of this Court dated March 17, 2016, July 22, 2016, and November 4, 2016, is extended pending determination of the appeal on condition that the appeal is perfected by July 10, 2017; 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 July 10, 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 a copy of this order, by mail, on the clerk of the court from which the appeal is taken.

BALKIN, J.P., AUSTIN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court