Opinion
DOCKET NO. OP 13-00015
07-18-2013
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.
PRESENT: , J.P., FAHEY, CARNI, AND VALENTINO, JJ.
Petitioner having moved for summary relief, for an order precluding respondents from filing and serving an answer, for an order directing respondents to file a record, for an order prohibiting respondents from making certain arguments in this CPLR article 78 proceeding, and for other relief,
Now, upon reading and filing the affidavit of Steven Wisniewski sworn to June 13, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks summary relief and to preclude respondents from filing and serving an answer is denied, and
It is further ORDERED that the motion is otherwise dismissed as premature.
Frances E. Cafarell, Clerk