| IN THE MATTER OF TONAWANDA SENECA NATION V HON. ROBERT C. NOONAN, A COUNTY COURT JUDGE, TEMPORARILY ASSIGNED TO |
| Motion No: OP 13-01937 |
| Slip Opinion No: 2014 NY Slip Op 72856(U) |
| Decided on May 20, 2014 |
| 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. |
PRESENT: SCUDDER, P. J., CARNI, VALENTINO AND WHALEN, 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 SURROGATE'S COURT, COUNTY OF GENESEE, COREEN
M. THOMPSON, AS BENEFICIARY AND ADMINISTRATRIX OF THE ESTATE OF DAVID C. PETERS, DECEASED, AND JOAN F. PETERS AND THOMAS
W. PETERS, AS BENEFICIARIES OF THE ESTATE OF DAVID C. PETERS, DECEASED, RESPONDENTS. |
Petitioner having moved, upon the return of an order to show cause granted by the Honorable Gerald J. Whalen, for a stay of enforcement of the orders of the Genesee County Surrogate's Court entered on April 10, 2014, pending the hearing and determination of this CPLR article 78 proceeding,
Now, upon reading and filing the affirmations of Margaret A. Murphy, Esq., dated April 17, 2014, and April 21, 2014, said show cause order with proof of service thereof,
the affidavit of Paul G. Joyce, Esq., sworn to April 21, 2014, the affidavit of John P. Bartolomei, Esq., sworn to April 21, 2014, and the affidavit of Thomas W. Peters sworn to April 21, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: May 20, 2014
Frances E. Cafarell, Clerk