Opinion
3:12-cv-1226
08-07-2012
FREDERICK J. NERONI, Plaintiff, v. CARL F. BECKER et al., Defendants.
(GLS/DEP)
ORDER
Plaintiff Frederick J. Neroni filed the instant action against defendants Carl F. Becker, "in his official capacity as a Judge of Surrogate's Court and Acting Supreme Court Justice of Delaware County, and in his individual capacity," and the State of New York, alleging, inter alia, that the unconstitutional application of multiple New York laws violated his Due Process rights. (Dkt. No. 1 at 5-23.) Pending is Neroni's Order to Show Cause seeking various forms of preliminary and permanent relief. (See Dkt. No. 4.) With the exception of precluding Justice Becker and the State of New York from enforcing N.Y. Civ. Rights Law § 52 in Neroni's pending state court action, the relief sought by him is unrelated to the federal claims upon which the court's jurisdiction is predicated. (See generally Dkt. Nos. 1, 4.) Furthermore, to the extent that Neroni seeks to preclude the application of N.Y. Civ. Rights Law § 52 in his pending state court action, he has failed to display a likelihood of success on the merits. See, e.g., Courtroom Television Network LLC v. State, 5 N.Y.3d 222, 234 (2005) (upholding the constitutionality of N.Y. Civ. Rights Law § 52). Neroni's Order to Show Cause is therefore denied.
Specifically, Neroni seeks a hearing at which defendants would be required to show why: Justice Becker should not be temporarily and permanently removed from his underlying state court action; a stay should not be issued in that case "until verification of the Supreme Court jurisdiction"; Justice Becker and the State of New York should not be precluded from applying N.Y. Civ. Rights Law § 52; and Justice Becker should not be enjoined from holding Neroni or his counsel in contempt for raising issues of bias and disqualification. (Dkt. No. 4 at 1-2.)
ACCORDINGLY, it is hereby
ORDERED that Neroni's Order to Show Cause (Dkt. No. 4) is DENIED; and it is further
ORDERED that defendants file an Answer or appropriate motions within the time allotted by the rules; and it is further
ORDERED that the parties notify Magistrate Judge Peebles in order to schedule further proceedings in accordance with this order
ORDERED that the Clerk provide a copy of this Order to the parties.
IT IS SO ORDERED.
August 7, 2012
Albany, New York
______________
Gary L. Sharpe
Chief Judge
U.S. District Judge