In the Matter of Peter C. Irvinepetitioner v Kathleen M. Rogers as Acting Judge of St. Lawrence County Court et

Motion No: 505577

Slip Opinion No: 2008 NYSlipOp 91006(U)

Decided on November 21, 2008

Appellate Division, Third 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.

Decided and Entered: November 21, 2008

Case # 505577

In the Matter of PETER C. IRVINE, Petitioner, v KATHLEEN M. ROGERS, as Acting Judge of St. Lawrence County Court, et al., Respondents.

DECISION AND ORDER ON MOTION

Motion for stay pending determination of proceeding.

Cross motion to dismiss proceeding.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the cross motion to dismiss is granted, without costs, based on the conclusion of this Court that, under the circumstances presented herein, this proceeding does not lie, and it is further

ORDERED that the motion for a stay is denied, without costs, as academic.
CARDONA, P.J., MERCURE, PETERS, SPAIN and STEIN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court