Opinion
Motion No: 2016-01707 SCR
09-28-2017
The People of the State of New York, Respondent, v. Donald Olsen, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by respondent on an appeal from judgments of conviction of the District Court of Suffolk County, First District, rendered July 14, 2016, to vacate a stay of execution of the judgments, which was granted by the Supreme Court, Suffolk County (Asher, J.), by order dated August 5, 2016, and extended by decision and order on motion of this court dated March 17, 2017. By decision and order on motion of this court dated August 9, 2017, the motion was remitted to the Supreme Court, Suffolk County (Asher, J.), to hear and report on the issue of whether appellant had violated the terms of the stay (see Matter of Hock v Brennan, 109 AD3d 994, 996 [2013]). Following a hearing on August 31, 2017, the Supreme Court found that appellant had violated the terms of the stay.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the Supreme Court's finding, it is
ORDERED that the motion to vacate the stay is granted and the stay is vacated.
ENTER:
Paul Kenny
Chief Clerk