| People of State of New York v Raymond Gilliar & Rebecca R. Gilliar |
| Motion No: 2008-00821 NCR |
| Slip Opinion No: 2009 NYSlipOp 66107(U) |
| Decided on March 3, 2009 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- RAYMOND GILLIAR and REBECCA R. GILLIAR, Appellants. |
DECISION
On the court's own motion, motions by appellants with return dates of December 23, 2008 and December 30, 2008 are hereby consolidated for purposes of disposition.
That branch of the motion for an enlargement of time to perfect appeal is granted and appeal shall be perfected by May 1, 2009.
That branch of the motion for a stay of sentence is continued pending determination of the appeal on condition the appeal is perfected by May 1, 2009.
That branch of the motion seeking summary reversal is denied without prejudice to appellants moving in the court below to reconstruct the relevant portions of the transcripts.
Ordered that in the event the appeal is not perfected on or before May 1, 2009, the court on its own motion, may vacate the stay and dismiss the appeal, or the respondent may apply to vacate the stay and dismiss the appeal on three days' notice, and may serve such application in person.