Opinion
DOCKET NO. OP 12-02197
01-23-2013
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.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent John L. Wagner having moved to dismiss this CPLR article 78 proceeding pursuant to CPLR 3212, and respondent Mark B. Wheeler having moved to dismiss this proceeding pursuant to CPLR 3211,
Now, upon reading and filing the affidavit of Mark B. Wheeler, Esq., sworn to December 26, 2012, the notice of motion with proof of service thereof, and the affidavits of Jaan Aarismaa, IV sworn to December 28, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave for the movants to raise the arguments in this motion in their briefs filed in this proceeding.
Frances E. Cafarell, Clerk