PRESENT: CENTRA, J.P., FAHEY, CARNI, GREEN, AND GORSKI, 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 for an order directing the Clerk to accept for filing petitioner's verified reply, dismissing the Second, Third, Fourth and/or Fifth Defenses in respondent Wallace C. Piotrowski's verified answer, imposing sanctions, dismissing the Second, Third, and/or Fourth Defenses in respondent Robert J. Bielecki's verified answer, taking judicial notice of certain documents, and extending the time to file and serve petitioner's brief in this original proceeding commenced in this Court,

Now, upon reading and filing the affidavit of Daniel T. Warren sworn to May 26, 2011, the notice of motion with proof of service thereof, the affidavit of Timothy W. Hoover, Esq., sworn to June 17, 2011, and the affidavit of Paul M. Michalek, Jr., Esq., sworn to June 17, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks leave to file a verified reply to the answer is granted on the condition that the original verified reply is filed with this Court, and a copy served on respondents and sent to the referee, on or before August 5, 2011, and the Clerk is directed to accept the verified reply for filing, and

It is further ORDERED that the motion insofar as it seeks judicial notice is dismissed without prejudice to raising the issue with the referee or in petitioner's brief, and

It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a brief is dismissed as moot, and

It is further ORDERED that the remainder of the motion is denied.

Entered: July 21, 2011

Patricia L. Morgan, Clerk