| 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 71889(U) |
| Decided on May 4, 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. |
Petitioner having moved for a nunc pro tunc order extending the time for petitioner's opposition to respondent Honorable John DeMarco's motion to dismiss the verified petition,
Now, upon reading and filing the affirmation of Leslie E. Swift, Esq. dated April 11, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension, is dismissed as unnecessary, and
It is further ORDERED that respondent Honorable John DeMarco shall file and serve reply affidavit(s), if any, regarding the motion to dismiss on or before May 11, 2011.
Entered: May 4, 2011
Patricia L. Morgan, Clerk