Appellate Division: Second Judicial Department

M235517

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2015-11724 The People, etc., respondent, v Kimberly Lappe, 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 the judgment which was granted by decision and order on motion of this Court dated February 25, 2016, and extended by decisions and orders on motion of this Court dated July 15, 2016, November 28, 2016, and March 16, 2017, 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 decision and order on motion of this Court dated February 25, 2016, and extended by decisions and orders on motion of this Court dated July 15, 2016, November 28, 2016, and March 16, 2017, is extended pending determination of the appeal on condition that the appeal is perfected by November 27, 2017; and it is further,

ORDERED that no further motions for continuation of the stay of execution of the judgment shall be granted; 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 November 27, 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.

CHAMBERS, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court