| People of State of New York v Robert Everle |
| Motion No: 2009-01793 ROCR |
| Slip Opinion No: 2010 NY Slip Op 60715(U) |
| Decided on January 7, 2010 |
| 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- ROBERT EVERLE, Appellant. |
DECISION
The branch of the motion by appellant for an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by April 2, 2010.
The branch of the motion to continue to stay the sentence to the extent set forth in the order of this court dated September 15, 2009 is granted on condition the appeal be perfected by April 2, 2010.
In the event that the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.