MATTER OF GREEN v. DEMARCO

OP 11-00353

87 A.D.3d 15 (2011)

925 N.Y.S.2d 762

2011 NY Slip Op 5332

In the Matter of MICHAEL C. GREEN, as District Attorney of Monroe County, Petitioner/Plaintiff, v. JOHN DEMARCO, a Judge of the County Court, County of Monroe, State of New York, et al., Respondents/Defendants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 17, 2011.


Attorney(s) appearing for the Case

Michael C. Green , District Attorney, Rochester ( Leslie E. Swift of counsel), petitioner/plaintiff pro se.

Phillips Lytle LLP, Buffalo ( Timothy W. Hoover of counsel), for respondent/defendant John DeMarco, a Judge of the County Court, County of Monroe, State of New York.

Timothy P. Donaher , Public Defender, Rochester ( James Eckert of counsel), for respondent/defendant Ellis Mechallen, criminal defendant.

Easton Thompson Kasperek Shiffrin LLP, Rochester ( Donald M. Thompson of counsel), for respondent/defendant Fernando Lopez, criminal defendant.

CARNI, SCONIERS and GREEN, JJ., concur.


OPINION OF THE COURT

SCUDDER, P.J.

Petitioner/plaintiff (hereafter, petitioner) commenced this original hybrid CPLR article 78 proceeding/declaratory judgment action seeking three forms of relief: a judgment pursuant to CPLR 7803 (3), mandamus to review, concluding that the determination of respondent/defendant Honorable John DeMarco (hereafter, respondent) to conduct, contemporaneously, the suppression hearings...

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