| IN THE MATTER OF TONY KIRIK V DEBRA A. MARTIN, ACTING JUSTICE OF NEW YORK STATE SUPREME COURT, THOMAS C. WILMOT, SR. |
| Motion No: OP 23-01765 |
| Slip Opinion No: 2023 NY Slip Op 77966(U) |
| Decided on December 4, 2023 |
| 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: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.
OP 23-01765
| IN THE MATTER OF TONY KIRIK, PETITIONER, V DEBRA A. MARTIN,
ACTING JUSTICE OF NEW YORK STATE SUPREME COURT, THOMAS C. WILMOT, SR., THOMAS C. WILMOT, JR., LORETTA WILMOT CONROY, COUNTY OF
MONROE, JANE A. HUNTER AND MARY H. PHILLIPS, RESPONDENTS. |
Respondents Thomas C. Wilmot, Sr., Thomas Wilmot, Jr., and Loretta W. Conroy having moved to dismiss the petition in this original CPLR article 78 proceeding, and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the petition is denied without prejudice and leave to renew any arguments in support of or, in opposition to the motion in the briefs that remain outstanding and at oral argument, and
It is further ORDERED that the motion insofar as it seeks other relief is denied.
Entered: December 4, 2023
Ann Dillon Flynn
Clerk of the Court