Appellate Division: Second Judicial Department

M231413

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

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

DECISION & ORDER ON MOTION

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, and continued by decisions and orders on motion of this Court dated September 15, 2016, and February 2, 2017.

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 it is further,

ORDERED that the stay of execution of the judgment granted by the order of the Supreme Court, Suffolk County, dated May 3, 2016, and continued by the decisions and orders on motion of this Court dated September 15, 2016, and February 2, 2017, is extended pending determination of the appeal on condition that the appeal is perfected by September 18, 2017, and upon 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 September 18, 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

DILLON, J.P., AUSTIN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court