Appellate Division: Second Judicial Department

M264597

E/mm

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

JOHN M. LEVENTHAL

COLLEEN D. DUFFY, JJ.

2019-01416 The People, etc., respondent, v Andrew Tates, appellant. (Ind. No. 746/16)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered January 22, 2019, to continue a stay of execution of said judgment which was granted by the Supreme Court, Queens County, on February 22, 2019.

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 rendered January 22, 2019, granted by order of the Supreme Court, Queens County, is extended pending determination of the appeal on condition that the appeal is perfected by November 15, 2019; 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 15, 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.

DILLON, J.P., AUSTIN, LEVENTHAL and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court