IN THE MATTER OF JAAN A. AARISMAA, IV V HON. DENNIS F. BENDER, SURROGATE COURT JUDGE, JANE LAWSON, CHIEF COURT CLERK
Motion No: OP 12-02197
Slip Opinion No: 2013 NY Slip Op 75240(U)
Decided on May 23, 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.


May 23, 2013

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, AND SCONIERS, JJ.

DOCKET NO. OP 12-02197

IN THE MATTER OF JAAN A. AARISMAA, IV, PETITIONER,

V

HON. DENNIS F. BENDER, SURROGATE COURT JUDGE, JANE LAWSON,

CHIEF COURT CLERK, CRISTINA L. LOTZ, SENECA COUNTY CLERK,

FRANK R. FISHER, SENECA COUNTY ATTORNEY,

JOHN L. WAGNER, AS EXECUTOR, AND MARK B. WHEELER, ATTORNEY,

RESPONDENTS.


Petitioner having moved to strike the answer of respondent Mark B. Wheeler on this CPLR article 78 proceeding, and for other relief, and

Respondent Mark B. Wheeler having cross-moved for sanctions and other relief,

Now, upon reading and filing the affidavits of Jaan Aarismaa, IV, sworn to March 22, 2013, and April 12, 2013, the affidavit of Mark B. Wheeler, Esq., dated April 5, 2013, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion and cross motion are denied.

Entered: May 23, 2013

Frances E. Cafarell, Clerk