| MATTER OF MICHAEL C. GREEN, IN HIS OFFICIAL CAPACITY AS DISTRICT ATTORNEY OF MONROE COUNTY V HONORABLE JOHN DEMARCO, A |
| Motion No: OP 11-00353 |
| Slip Opinion No: 2011 NY Slip Op 70527(U) |
| Decided on April 20, 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. |
PRESENT: SCUDDER, P.J., CARNI, SCONIERS, AND GREEN, JJ.
DOCKET NO. OP 11-00353
| MATTER OF MICHAEL C. GREEN, IN HIS OFFICIAL CAPACITY AS DISTRICT
ATTORNEY OF MONROE COUNTY, PETITIONER, V HONORABLE JOHN DEMARCO, A JUDGE OF THE COUNTY COURT, COUNTY OF MONROE, STATE OF
NEW YORK, ELLIS MECHALLEN, CRIMINAL DEFENDANT, AND FERNANDO LOPEZ, CRIMINAL DEFENDANT,
RESPONDENTS. |
Respondent Honorable John DeMarco having moved to dismiss this proceeding pursuant to CPLR 7804 (f) and/or CPLR 3211 (a) (7),
Now, upon reading and filing the affidavit of Timothy W. Hoover, Esq. sworn to March 29, 2011, the notice of motion with proof of service thereof, the affirmation of Leslie E. Swift, Esq. dated April 8, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that this Court's determination of the motion is reserved until this Court's order determining this proceeding.
Entered: April 20, 2011
Patricia L. Morgan, Clerk