| IN THE MATTER OF DANIEL T. WARREN V ROBERT J. BIELECKI, COMPTROLLER, TOWN OF WEST SENECA AND WALLACE C. PIOTROWSKI |
| Motion No: OP 11-00539 |
| Slip Opinion No: 2011 NY Slip Op 75692(U) |
| Decided on June 10, 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: CENTRA, J.P., FAHEY, LINDLEY, AND GREEN, JJ.
DOCKET NO. OP 11-00539
| IN THE MATTER OF DANIEL T. WARREN, PETITIONER, V ROBERT J.
BIELECKI, COMPTROLLER, TOWN OF WEST SENECA AND WALLACE C. PIOTROWSKI, BUDGET OFFICER AND SUPERVISOR, TOWN OF WEST SENECA,
RESPONDENTS. |
Petitioner having moved (1) for an order vacating or, in the alternative, modifying this Court's scheduling order entered March 16, 2011, and (2) for an order issuing a subpoena duces tecum,
Now, upon reading and filing the affidavit of Daniel T. Warren sworn to April 15, 2011, the notice of motion with proof of service thereof, the affidavit of Paul M. Michalek, Jr., Esq. sworn to April 29, 2011, and the affidavit of Timothy W. Hoover, Esq. sworn to April 29, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, insofar as it seeks to vacate this Court's scheduling order, to the extent that the proceeding is removed from the day calendar of this Court for September 16, 2011, and
It is further ORDERED that the Honorable Stephen R. Sirkin is hereby appointed as referee to take testimony and report his findings thereon to this Court, and
It is further ORDERED that a new briefing schedule will be issued upon the Court's receipt of the report of the referee, and
It is further ORDERED that the remainder of this motion will be referred to the referee.
Entered: June 10, 2011
Patricia L. Morgan, Clerk