| People of State of New York v Barbara A. Baumgarten |
| Motion No: 2010-01126 scr |
| Slip Opinion No: 2011 NY Slip Op 80214(U) |
| Decided on July 27, 2011 |
| 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
JOHN R. LaCAVA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Barbara A. Baumgarten, Appellant. |
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Sixth District, rendered March 22, 2010, to continue a stay of execution of the judgment, which was granted by decision and order of this court dated October 12, 2010, for an enlargement of time to perfect the appeal, and to compel the District Court to settle the transcripts and forward them to this court.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to continue the stay of execution of the judgment is granted and the stay of execution of the judgment granted by decision and order of this court dated October 12, 2010 is extended pending the determination of the appeal on condition that the appeal be perfected by October 7, 2011; and it is further,
ORDERED that 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; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by October 7, 2011; and it is further,
ORDERED that the branch of the motion seeking to compel the District Court to settle the transcripts and forward them to this court is denied as moot as the transcripts have been settled and forwarded to this court.
ENTER:
Paul Kenny
Chief Clerk