| IN THE MATTER OF JESSIE J. BARNES V MONROE COUNTY SHERIFF IN THE MATTER OF JESSIE J. BARNES V RONALD HARLING |
| Motion No: TP 10-00523 |
| Slip Opinion No: 2011 NY Slip Op 78704(U) |
| Decided on July 15, 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., SMITH, CARNI, LINDLEY, MARTOCHE, JJ.
DOCKET NO. TP 10-00523
DOCKET NO. TP 11-00161
| IN THE MATTER OF JESSIE J. BARNES, PETITIONER, V MONROE COUNTY
SHERIFF, RESPONDENT. IN THE MATTER OF JESSIE J. BARNES, PETITIONER, V RONALD HARLING, SUPERINTENDENT, MONROE COUNTY JAIL,
RESPONDENT. |
Petitioner having moved to consolidate these CPLR article 78 proceedings transferred to this Court by orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 5, 2009, and December 9, 2009, to file and serve a consolidated brief, to extend the time to file and serve a brief, and for other relief,
Now, upon reading and filing the affidavit of Jessie J. Barnes, sworn to June 9, 2011, and, 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 of time to file and serve a brief on the proceeding transferred to this Court by order of the Supreme Court entered December 9, 2009 (Docket No. TP 11-00161) is granted to the extent that the first ordering paragraph of the order of this Court entered June 6, 2011, is amended by deleting the date July 12, 2011, and inserting in its place the date August 15, 2011, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the second ordering paragraph of the order of this Court entered June 6, 2011, is amended by deleting the date August 16, 2011, and inserting in its place the date September 19, 2011, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the proceeding in Docket No. TP 11-00161 is hereby removed from the Court's day calendar for September 7, 2011, and added to the calendar for the term of this Court commencing October 17, 2011, and
It is further ORDERED that the motion insofar as it seeks to consolidate the proceedings, file and serve a consolidated brief, extend the time to file and serve a consolidated brief, and other relief is denied.
Entered: July 15, 2011
Patricia L. Morgan, Clerk