| IN THE MATTER OF DWIGHT DELEE V HON. JOHN J. SUPREME COURT JUSTICE, ONONDAGA COUNTY, AND WILLIAM J. FITZPATRICK |
| Motion No: OP 17-00237 |
| Slip Opinion No: 2017 NY Slip Op 89565(U) |
| Decided on October 17, 2017 |
| 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: WHALEN, P.J., SMITH, LINDLEY, NEMOYER, AND TROUTMAN, JJ.
DOCKET NO. OP 17-00237
| IN THE MATTER OF DWIGHT DELEE, PETITIONER, V HON. JOHN J.
SUPREME COURT JUSTICE, ONONDAGA COUNTY, AND WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, ONONDAGA COUNTY,
RESPONDENTS. |
Petitioner having moved to be released on his own recognizance pending the hearing and determination of this CPLR article 78 proceeding commenced in this Court,
Now, upon reading and filing the affirmation of Dwight R. DeLee dated August 21, 2017, and the statement dated September 11, 2017, the notice of motion with proof of service thereof, and the affirmation of James P. Maxwell, Esq., dated September 1, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to a petition for habeas corpus.
Entered: October 17, 2017
Mark W. Bennett, Clerk