Appellate Division: Second Judicial Department

M229960

E/ct

RANDALL T. ENG, P.J.

MARK C. DILLON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2016-10951 The People, etc., respondent, v Jacob Sabbagh, appellant. (Ind. No. 10139/14)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered September 7, 2016, to extend a stay of execution of said judgment, which was granted by an order of the Supreme Court, Kings County, dated September 7, 2016, and extended by decision and order on motion of this Court dated January 18, 2017.

Upon the papers filed in support of the motion and the papers filed in relation 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, Kings County, dated September 7, 2016, and extended by decision and order on motion of this Court dated January 18, 2017, is extended pending determination of the appeal on condition that the appeal is perfected by August 23, 2017, and on the same conditions imposed by the order of the Supreme Court, Kings County, dated September 7, 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 August 23, 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 decision and order on motion, by mail, on the clerk of the Supreme Court, Kings County.

ENG, P.J., DILLON, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court