Deusen v. Zittell

Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to CPLR 506, subd [b], par 1) to prohibit respondents from enforcing an order vacating a temporary stay of execution of judgment and remitting petitioner to custody. After being convicted of a class E felony (two counts), a class D felony and several misdemeanors, petitioner was sentenced to six months’ imprisonment in the Columbia County jail. An appeal was taken and sentence was stayed pending the appeal. Prior to the expiration of the stay, the County Court granted an extension of the stay to August 27,1981. However,…