| IN THE MATTER OF STEVEN WISNIEWSKI V HON. JOHN MICHALSKI, ERIE SUPREME COURT JUSTICE, FRANK A. SEDITA, III, ERIE COUNTY |
| Motion No: OP 13-00015 |
| Slip Opinion No: 2013 NY Slip Op 91974(U) |
| Decided on November 15, 2013 |
| 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, PERADOTTO, LINDLEY, AND SCONIERS, JJ.
DOCKET NO. OP 13-00015
| IN THE MATTER OF STEVEN WISNIEWSKI, PETITIONER, V
HON. JOHN MICHALSKI, ERIE SUPREME COURT JUSTICE, FRANK A. SEDITA, III, ERIE COUNTY DISTRICT ATTORNEY, ERIC T. SCHNEIDERMAN,
ATTORNEY GENERAL, BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
ANDREA W. EVANS, CHAIRWOMAN, NEW YORK STATE BOARD OF PAROLE, AND ERIE COUNTY DEPARTMENT OF PROBATION,
RESPONDENTS. |
Petitioner having moved for permission to file and serve an amended brief or permission to file and serve a surreply brief in this CPLR article 78 proceeding, and for other relief,
Respondents Hon. John Michalski, Eric T. Schneiderman, Esq., Brian Fischer and Andrea W. Evans having cross-moved for an extension of time to file and serve their respondents' briefs, Now, upon reading and filing the affidavits of Steven Wisniewski sworn to September 30, 2013, and October 15, 2013, the notices of motion and cross motion with proof of service thereof, the affirmation of Frank Brady, Esq., dated October 11, 2013, and the affirmation of Lee Alan Adlerstein, Esq., dated October 16, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that petitioner's motion is granted insofar as it seeks an extension of time to file and serve a reply brief in response to respondent Frank Sedita, III, Erie County District Attorney's brief, on the condition that the reply brief is filed and served on or before December 10, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that petitioner's motion is otherwise denied, and
It is further ORDERED that the cross motions of respondents Hon. John Michalski, Eric T. Schneiderman, Esq., Brian Fischer and Andrea W. Evans are granted on the condition that respondents Hon. John Michalski, Eric T. Schneiderman, Esq., Brian Fischer and Andrea W. Evans file and serve their briefs on or before November 25, 2013, and
It is further ORDERED that petitioner's reply briefs in response to the briefs of respondents Hon. John Michalski, Eric T. Schneiderman, Esq., Brian Fischer and Andrea W. Evans, if any, shall be filed and served on or before December 10, 2013.
Entered: November 15, 2013
Frances E. Cafarell, Clerk