PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. OP 13-01937

IN THE MATTER OF TONAWANDA SENECA NATION, PETITIONER, V HON. ROBERT C. NOONAN, A COUNTY COURT JUDGE, TEMPORARILY ASSIGNED TO COUNTY SURROGATE'S COURT, COUNTY OF GENESEE, RESPONDENT.

Petitioner having moved to join Coreen N. Thompson, Joan Peters, and Thomas W. Peters as parties to this proceeding and for a stay of certain proceedings before the Genesee County Surrogate's Court,

Now, upon reading and filing the affirmations of Margaret A. Murphy, Esq., dated December 12, 2013, and December 20, 2013, the notice of motion with proof of service thereof

the affidavit of John P. Bartolomei, Esq., sworn to December 19, 2013, the affidavit of Paul G. Joyce, Esq., sworn to December 20, 2013, the affirmation of Kate H. Nepveu, Esq., dated December 19, 2013, and the affidavit of Thomas W. Peters sworn to December 20, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied insofar as it seeks a stay, and

It is further ORDERED that the motion is granted insofar as it seeks to join Coreen N. Thompson, Joan Peters, and Thomas W. Peters as parties to this proceeding on the condition that they are properly served with the petition and notice of petition on or before January 28, 2014, and

It is further ORDERED that all respondents at that time shall file and serve an answer to the petition on or before February 18, 2014, and

It is further ORDERED that petitioner shall file and serve a brief on for before March 10, 2014, and

It is further ORDERED that respondents shall file and serve a brief on or before April 14, 2014, and

It is further ORDERED that the proceeding is removed from the Court's calendar for the term commencing April 7, 2014, and added to the term commencing May 19, 2014.

Entered: January 17, 2014

Frances E. Cafarell, Clerk