Appellate Division: Second Judicial Department

M238455

E/ct

RANDALL T. ENG, P.J.

JEFFREY A. COHEN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2016-09437 The People, etc., respondent, v Lani Zaimi, appellant. (Ind. No. 24/14)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Putnam County, rendered September 6, 2016, to continue for a period of 90-days a stay of execution of said judgment, which was granted by a decision and order on motion of this Court dated September 8, 2016, and continued by a decision and order on motion of this Court dated February 27, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the stay of execution of the judgment granted by the decision and order on motion of this Court dated September 8, 2016, and continued by decision and order on motion of this Court dated February 27, 2017, is extended pending determination of the appeal on condition that the appeal is perfected by November 13, 2017, and upon the same bail conditions imposed by the decision and order on motion of this Court dated September 8, 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 November 13, 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; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., COHEN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court