IN THE MATTER OF JOHN DOE V NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT
Motion No: CA 11-02281
Slip Opinion No: 2011 NY Slip Op 91900(U)
Decided on December 7, 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.


December 7, 2011

PRESENT: SCUDDER, P. J., SMITH, FAHEY, PERADOTTO, AND LINDLEY, JJ.

DOCKET NO. CA 11-02281

IN THE MATTER OF JOHN DOE, PETITIONER-RESPONDENT,

V

NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT,

RESPONDENT-APPELLANT.


Respondent-appellant having moved for leave to appeal to this Court from an order of Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 6, 2011,

Petitioner-respondent having cross-moved to dismiss respondent-appellant's motion, to strike certain exhibits, and to impose sanctions on respondent-appellant and respondent-appellant's counsel,

Now, upon reading and filing the affirmations of Kathleen M. Treasure, Esq., dated November 14, 2011, and November 23, 2011, the affirmation of Aaron Mark Zimmerman, Esq., dated November 22, 2011, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the respondent-appellant's motion is granted on the condition that the appeal is perfected on or before February 6, 2012, and

It is further ORDERED that petitioner-respondent's cross motion is denied, and

It is further ORDERED that the record and all documents filed in this Court regarding this appeal, including any motion papers, are hereby sealed.

Entered: December 7, 2011

Patricia L. Morgan, Clerk