Appellate Division: Second Judicial Department

M255096

E/mm

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2018-05992 The People, etc., respondent, v Mark Donnelly, appellant. (Ind. No. 178/17)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Dutchess County, rendered April 30, 2018, to extend a stay of execution of said judgment, which was granted by the County Court, Dutchess County, on May 4, 2018, pending determination of the appeal to this Court.

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 the County Court, Dutchess County, on May 4, 2018, is extended pending hearing and determination of the appeal, on condition that the appeal is perfected by December 10, 2018, and on the same conditions as set by the County Court, Dutchess County; 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 December 10, 2018; 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.

RIVERA, J.P., LEVENTHAL, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court