Appellate Division: Second Judicial Department

M231414

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2017-00112 The People, etc., respondent v Nicholas Clark, appellant. (Ind. No. 15-00424)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Rockland County, rendered January 3, 2017, to extend a stay of execution of said judgment, which was granted by decision and order on motion of this Court dated January 12, 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 it is further,

ORDERED that the stay of execution of the judgment granted by the decision and order on motion of this Court dated January 12, 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 decision and order on motion of this Court dated January 12, 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 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