Appellate Division: Second Judicial Department

M263123

E/mm

WILLIAM F. MASTRO, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2019-00819 The People, etc., respondent, v Michael C. Shear, appellant. (Ind. No. 192-17)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered December 14, 2018, to continue a stay of execution of said judgment which was granted by an order of that court dated December 20, 2018.

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

ORDERED that the motion is granted and the stay of execution of the judgment granted by order of the County Court, Suffolk County, dated December 20, 2018, is extended pending determination of the appeal on condition that the appeal is perfected by August 28, 2019, and upon the same conditions imposed by the order dated December 20, 2018; 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 August 28, 2019; 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.

MASTRO, J.P., HINDS-RADIX, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court