Opinion
March 15, 1974
Proceeding, pursuant to CPLR article 78, in the nature of prohibition, seeking to vacate an order of the Supreme Court staying execution of a judgment of conviction. Petition granted, without costs. The stay is not authorized by the statute (CPL 460.50, subd. 1; CPL 530.50) and therefore the court exceeded its powers in granting it (see Matter of Lee v. County Ct. of Erie County, 27 N.Y.2d 432, 437, cert. den. 404 U.S. 823). Herlihy, P.J., Staley, Jr., Cooke, Sweeney and Kane, JJ., concur.