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PETERS v. NOONAN

No. 12-CV-234-A.

871 F.Supp.2d 218 (2012)

Joan PETERS, Plaintiff, v. Robert C. NOONAN, New York State Acting Supreme Court Justice, County of Genesee, and Genesee County Court and Surrogate Judge, Defendant.

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

May 18, 2012.

Attorney(s) appearing for the Case

Michael T. Feeley , Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo, NY, for Plaintiff.

David J. Sleight , Office of the Attorney General, Philip A. Milch , Buffalo, NY, Curtis Berkey, Berkeley, CA, for Defendant.

DECISION AND ORDER

RICHARD J. ARCARA, District Judge.

The plaintiff, Joan Peters, has moved pursuant to Fed. R. Civ. P. 65(b) and 42 U.S.C. § 1983 for a temporary restraining order against the defendant, Judge Robert C. Noonan, Genesee County Surrogate Judge, to stop Judge Noonan from probating a will made by her son, David C. Peters. The will purports to bequeath to various persons, pursuant to New York law, land and other property that is located...

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