People of State of New York v Mary Donnelly
Motion No: 2008-01601 SCR
Slip Opinion No: 2009 NYSlipOp 67385(U)
Decided on March 18, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS


PRESENT : TANENBAUM, J.P., MOLIA and LaCAVA, JJ.


NO. 2008-1601 N CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

MARY DONNELLY,

Appellant.

DECISION That branch of the motion by appellant for a continuation of a stay of sentence pending determination of appeal is granted on condition that the appeal is perfected by June 5, 2009.

That branch of the motion for an enlargement of time to perfect appeal is granted and appeal shall be perfected by June 5, 2009.

That branch of the motion to compel the court reporter to furnish the transcript of the proceedings is denied.

In the event that the above condition is not met, the court, on its own motion, may vacate the stay and dismiss the appeal, or the respondent may move to vacate the stay and dismiss the appeal on 3 days' notice.

The transcript has been furnished to appellant rendering said branch of the motion moot.