IN THE MATTER OF SHAWN E. AKIN V HON. STEPHEN K. LINDLEY, HON. ERIN M. PERADOTTO, HON. HENRY J. SCUDDER, HON. ROBERT G.
Motion No: OP 13-00173
Slip Opinion No: 2013 NY Slip Op 66587(U)
Decided on March 6, 2013
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.


March 6, 2013

PRESENT: CARNI, J.P., VALENTINO, WHALEN AND MARTOCHE, JJ.

DOCKET NO. OP 13-00173

IN THE MATTER OF SHAWN E. AKIN, PETITIONER,

V

HON. STEPHEN K. LINDLEY, HON. ERIN M. PERADOTTO,

HON. HENRY J. SCUDDER, HON. ROBERT G. HURLBUTT,

HON. EUGENE M. FAHEY, HON. SAMUEL L. GREEN,

HON. ROBERT J. LUNN, HON. ELIZABETH W. PINE, HON. NANCY E. SMITH,

HON. JOHN V. CENTRA, CHRISTOPHER J. BURNS,

THOMAS P. AMODEO, THEODORE JONES,

FRANCES E. CAFARELL, ESQ., ERIE COUNTY DISTRICT ATTORNEY'S

OFFICE AND ERIE COUNTY ATTORNEY'S OFFICE, RESPONDENTS.


Petitioner having moved for relief pursuant to CPLR 5704, for a subpoena duces tecum, and for other relief,

Now, upon reading and filing the affidavits of Shawn E. Akin sworn to November 7, 2012, November 9, 2012, November 17, 2012, and December 13, 2012, and the notices of motion with proof of service thereof, the proposed orders to show cause, and all papers attached thereto, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks relief pursuant to CPLR 5704 is denied, and

It is further ORDERED that the motions are otherwise dismissed on the ground that the proceeding has not been properly commenced in this Court in compliance with the CPLR and this Court's rules.

Entered: March 6, 2013

Frances E. Cafarell, Clerk