People of State of New York v Marek Hyra
Motion No: 2009-00119 WCR 03-11-2009
Slip Opinion No: 2009 NYSlipOp 70205(U)
Decided on April 14, 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 : RUDOLPH, P.J., SCHEINKMAN and LaCAVA, JJ.


NO. 2009-119 W CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

MAREK HYRA,

Appellant.

DECISION

On the court's own motion, motion by appellant returnable January 30, 2009, cross motion by respondent returnable January 30, 2009, and motion by appellant returnable March 11, 2009, are hereby consolidated for purposes of disposition.

That branch of the motion by appellant returnable March 11, 2009 seeking to submit a reply to respondent's cross motion is granted and reply is deemed served and filed.

Those branches of said motion and motion by appellant returnable January 30, 2009 seeking a stay and other relief denied in all respects.

Cross motion by respondent to dismiss the appeal is granted.

No appeal lies from a decision (see People v Smith, 81 NY2d 1005 [1993]).