| People of State of New York v Mary Donnelly |
| Motion No: 2008-01601 SCR |
| Slip Opinion No: 2009 NY Slip Op 82225(U) |
| Decided on August 28, 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- MARY DONNELLY, Appellant. |
DECISION
That branch of the motion by appellant for an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by October 2, 2009.
That branch of the motion seeking, in essence, to compel the Justice Court of the Village of Amityville, Suffolk County, to file the record on appeal with this court is granted and the Justice Court shall within 20 days of service by appellant upon it of a copy of the instant order forward the record to this court (see CPL 460.10 [e]).
That branch of the motion for a continuation of the stay of sentence pending determination of the appeal is granted.
In the event that the above condition is not met, this court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days' notice.