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HOFFMAN v. DiFALCO

No. 76 Civ. 3102.

424 F.Supp. 902 (1976)

Thomas HOFFMAN on behalf of himself and on behalf of all others similarly situated, Plaintiff, v. S. Samuel DiFALCO, Individually and in his official capacity as Administrative Judge of the Surrogate Court, County of New York, State of New York and Millard L. Midonick, Individually and in his official capacity as Surrogate Judge, County of New York, State of New York, Defendants.

United States District Court, S. D. New York.

December 29, 1976.

Attorney(s) appearing for the Case

Thomas Hoffman, pro se.

James I. Meyerson, New York City, for plaintiff.

Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, for defendants; Alan R. Smulevitz, New York City, of counsel.

OPINION

ROBERT J. WARD, Judge.

Defendants S. Samuel DiFalco ("DiFalco") and Millard L. Midonick ("Midonick") move pursuant to Rules 12(b)(1) and (6) and Rule 56, Fed.R.Civ.P., for an order dismissing this action or, in the alternative, granting summary judgment. The Court finds that plaintiff lacks standing to maintain this action and, accordingly, the complaint is dismissed.

Plaintiff Thomas Hoffman ("Hoffman"), an attorney admitted to practice...

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