UNITED STATES OF AMERICA
COMMODITY FUTURES TRADING COMMISSION
In the Matter of
LAWRENCE J. BILELLO
CHESTER M. GORSKI
CFTC Docket No. 93-5
The Division of Enforcement ("Division") seeks interlocutory review of the Administrative Law Judge's ("ALJ") ruling ordering the Division to produce certain documents pursuant to Brady v. Maryland, 373 U.S. 83 (1963). The Division's December 15, 1997 application is based upon Commission Rule 10.101(a)(4), 17 C.F.R. § 10.101(a)(4) (1998), while its December 31, 1997 application arises from the ALJ's denial of the Division's motion for certification pursuant to Commission Rule 10.101(a)(5), 17 C.F.R. § 10.101(a)(5) (1998).
We have considered the issues raised by the Division's applications. Under our rules, however, consideration of interlocutory appeals is discretionary and granted only in extraordinary circumstances. See Rule 10.101(a), 17 C.F.R. § 10.101(a) (1998). In this regard, we observe that we granted interlocutory review once before in this five-year-old proceeding. See In re Bilello, [1992-1994 Transfer Binder] Comm. Fut. L. Rep. (CCH) ¶ 26,032 (Mar. 25, 1994). Based upon our review of the record and in light of the age of this case, we do not believe that interlocutory review of the ALJ's order is warranted.
Accordingly, the Division's applications for interlocutory review are denied.
IT IS SO ORDERED.
By the Commission (Chairperson BORN and Commissioners TULL, HOLUM, and SPEARS).
Jean A. Webb
Secretary of the Commission
Commodity Futures Trading Commission
Dated: April 23, 1998