Opinion
DOCKET NO. OP 12-02197
05-23-2013
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., PERADOTTO, LINDLEY, AND SCONIERS, JJ.
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.
Frances E. Cafarell, Clerk