| IN THE MATTER OF SHAWN GOODMAN V HONORABLE JOHN B. NESBITT, WAYNE COUNTY COURT JUDGE |
| Motion No: OP 09-00086 |
| Slip Opinion No: 2009 NYSlipOp 60803(U) |
| Decided on January 14, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. OP 09-00086
| IN THE MATTER OF SHAWN GOODMAN, PETITIONER, V HONORABLE
JOHN B. NESBITT, WAYNE COUNTY COURT JUDGE, RESPONDENT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Robert J. Lunn on December 17, 2008, for a stay of his resentencing pending the hearing and determination of this CPLR article 78 proceeding,
Now, upon reading and filing the affirmation of John P. Getz dated December 16, 2008, the petition of Shawn Goodman verified December 16, 2008, said show cause order with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied (see Matter of Echevarria v Marks, ___ AD3d ___ [Dec. 31, 2008]), and
It is further ORDERED that the temporary stay contained in the show cause order bringing the motion on before the full Court be, and the same hereby is vacated.
Entered: January 14, 2009
JoAnn M. Wahl, Clerk