| People of State of New York v Mary Donnelly |
| Motion No: 2008-01601 scr |
| Slip Opinion No: 2010 NY Slip Op 65724(U) |
| Decided on March 9, 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- MARY DONNELLY, Appellant. |
DECISION
The branch of the motion by respondent seeking to vacate the stay is denied on condition the appeal be perfected by May 7, 2010.
The branches of the motion by respondent for an order "dismissing appellant's brief" and for other relief are granted to the extent of striking the appeal from the general calendar. The appeal shall be perfected by May 7, 2010.
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 three days' notice.
The appeal is not properly perfected because a complete transcript of the minutes of trial has not been filed with this court.