IN THE MATTER OF THOMAS C. ZEMBIEC V COUNTY OF MONROE, MONROE COUNTY SHERIFF'S DEPARTMENT, PATRICK O'FLYNN, SHERIFF OF
Motion No: NOS. CA 11-02261 AND CA 11-02263
Slip Opinion No: 2011 NY Slip Op 91908(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, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NOS. CA 11-02261 AND CA 11-02263

IN THE MATTER OF THOMAS C. ZEMBIEC, PETITIONER,

V

COUNTY OF MONROE, MONROE COUNTY SHERIFF'S DEPARTMENT,

PATRICK O'FLYNN, SHERIFF OF THE MONROE COUNTY SHERIFF'S

DEPARTMENT, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, AND

UNDERSHERIFF GARY CAIOLA, IN HIS OFFICIAL AND INDIVIDUAL

CAPACITY, RESPONDENTS.


Respondents having moved for leave to appeal to this Court from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 11, 2011, and for an order staying all proceedings pending the determination of those requested appeals,

Now, upon reading and filing the affirmation of James L. Gelormini, Esq., dated November 9, 2011, the notice of motion with proof of service thereof, and the affirmation of Christina A. Agola, Esq., dated November 21, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: December 7, 2011

Patricia L. Morgan, Clerk