Appellate Division: Second Judicial Department

M289858

AFA/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2022-00994 The People, etc., respondent, v Ernest Montalvo, appellant. (Ind. No. 6955/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered February 9, 2022. Motion by the appellant to continue a stay of execution of said judgment, which was granted by decision and order on motion of this Court dated March 8, 2022.

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

ORDERED that the motion is granted and the stay of execution of the judgment granted by the decision and order on motion of this Court dated March 8, 2022, is extended pending hearing and determination of the appeal on condition that the appeal is perfected by October 3, 2023, and upon the same bail conditions imposed by the decision and order on motion of this Court dated March 8, 2022; and it is further,

ORDERED that this stay shall terminate and be of no further effect as of October 3, 2023, and the appellant shall thereafter surrender himself to the Supreme Court, Kings County, to serve the sentence imposed, unless the appeal shall be perfected by that date, or unless this Court shall have extended this order; 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 decision and order on motion, by mail, on the Clerk of the court from which the appeal is taken.

BARROS, J.P., BRATHWAITE NELSON, MILLER and MALTESE, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court