MATTER OF JESSIE J. BARNES V RONALD HARLING, SUPERINTENDENT, MONROE COUNTY JAIL
Motion No: TP 11-00161
Slip Opinion No: 2011 NY Slip Op 70036(U)
Decided on April 14, 2011
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.


April 14, 2011

PRESENT: SMITH, J.P., FAHEY, CARNI, LINDLEY, AND GORSKI, JJ.

DOCKET NO. TP 11-00161

MATTER OF JESSIE J. BARNES, PETITIONER,

V

RONALD HARLING, SUPERINTENDENT, MONROE COUNTY JAIL,

RESPONDENT.


Petitioner having moved in this CPLR article 78 proceeding, transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 9, 2009, for an order "to enjoin Hon. Thomas Stander, Supreme Court Justice, as a party to this proceeding," to prohibit enforcement of the order of the Supreme Court entered December 9, 2009, and for other relief,

Now, upon reading and filing the affidavit of Jessie J. Barnes sworn to February 22, 2011, the proposed order to show cause, and the statement of Debra A. Martin, Esq. dated March 21, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Memorandum: Petitioner can raise all issues concerning the order of the Supreme Court entered December 9, 2009, in petitioner's brief in support of his petition (see CPLR 7804 [g]).

Entered: April 14, 2011

Patricia L. Morgan, Clerk