MATTER OF JAMES B. VARGASON, DISTRICT ATTORNEY OF CAYUGA COUNTY V THOMAS G. LEONE, AS COUNTY COURT JUDGE, CAYUGA
Motion No: OP 07-01942
Slip Opinion No: 2008 NYSlipOp 61800(U)
Decided on January 22, 2008
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.


January 22, 2008

PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, PERADOTTO, AND PINE, JJ.

DOCKET NO. OP 07-01942

MATTER OF JAMES B. VARGASON, DISTRICT ATTORNEY OF CAYUGA

COUNTY, PETITIONER,

V

THOMAS G. LEONE, AS COUNTY COURT JUDGE, CAYUGA COUNTY, AND

KELLY A. MCCANDREW, RESPONDENTS.


Jon E. Budelman, District Attorney of Cayuga County having moved pursuant to CPLR 1019 to be substituted as petitioner in the CPLR article 78 proceeding commenced in this Court on October 1, 2007,

Now, upon reading and filing the affidavit of Jon E. Budelman sworn to January 3, 2008, the affidavit of James B. Vargason sworn to December 28, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and

Jon E. Budelman is hereby substituted for James B. Vargason as petitioner in this proceeding.

Entered: January 22, 2008

JoAnn M. Wahl, Clerk