| People of State of New York v Marek Hyra |
| Motion No: 2008-01215 WCR |
| Slip Opinion No: 2009 NY Slip Op 90606(U) |
| Decided on December 3, 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- MAREK HYRA, Appellant. |
DECISION
On the court's own motion, the decision and order of this court dated September 18, 2009 are recalled and vacated and the following substituted therefor:
Motion by appellant returnable July 27, 2009 seeking, in effect, an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by February 5, 2010.
The motion and cross motion returnable July 31, 2009 pertaining to the October 29, 2008 judgment of conviction were improperly submitted under Appeal No. 2009-119 W CR, which appeal had been dismissed. The notice of appeal from said judgment of conviction has been assigned Appeal No. 2009-2408 W CR, and the motion and cross motion are being disposed of under said appeal number.