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MATTER OF PIGEON v. CERIO

35 OP 17-01673.

158 A.D.3d 1273 (2018)

70 N.Y.S.3d 714

2018 NY Slip Op 00962

In the Matter of G. STEVEN PIGEON, Petitioner, v. DONALD F. CERIO, JR., Acting Justice of the Supreme Court, Erie County, et al., Respondents.

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

Decided February 9, 2018.

It is hereby ordered that the petition so appealed from is unanimously dismissed without costs and the stay is vacated.

Memorandum: The People commenced a criminal prosecution against petitioner, during which Hon. Donald F. Cerio, Jr. (respondent) issued an order granting petitioner's motion to suppress certain evidence. The People filed a notice of appeal regarding that order, with the requisite statement pursuant to CPL 450.50 (1). Before perfecting that appeal...

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