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MTR OF TONAWANDA v. NOONAN

No. 114.

27 N.Y.3d 713 (2016)

In the Matter of TONAWANDA SENECA NATION, Appellant, v. ROBERT C. NOONAN, a County Court Judge Temporarily Assigned to the Surrogate's Court for the County of Genesee, et al., Respondents.

Court of Appeals of New York.

Decided June 23, 2016.

Attorney(s) appearing for the Case

Murphy Meyers LLP, Orchard Park ( Margaret A. Murphy of counsel), for appellant.

Eric T Schneiderman , Attorney General, Albany ( Kate H. Nepveu , Barbara D. Underwood and Andrew D. Bing of counsel), for Robert C. Noonan, respondent.

Chief Judge DIFIORE and Judges PIGOTT, RIVERA, ABDUSSALAAM and STEIN concur; Judge FAHEY taking no part.

OPINION OF THE COURT

We are asked on this appeal to determine whether this CPLR article 78 proceeding was properly commenced in the Appellate Division. We hold that because the proceeding was brought against respondent Judge Robert Noonan in his capacity as a Surrogate's Court...

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