SUPREME COURT: COUNTY OF CHAUTAUQUA
IN THE MATTER OF THE
APPLICATION UNDER ARTICLE 78 OF
THE CPLR OF DONALD V. NIHOUL, ESQ.
vs Index No. H-13120
RICHARD V. SLATER, PUBLIC
DEFENDER OF CHAUTAUQUA COUNTY;
AND CHAUTAUQUA COUNTY
GIARDINO & SCHOBER, LLP
(John J. Schober, Esq.
of Counsel) for Petitioner
CHAUTAUQUA COUNTY DEPT. OF LAW
(Mark Wines, Esq.
of Counsel) for Respondents
DECISION and ORDER
March 13, 1996
The Court determines that the fact that his son,
Vincent J. Gerace, as Deputy Sheriff of Chautauqua County
was involved in some aspect of the case, albeit minor,
creates an appearance of impropriety and unfairness should
the decision be unfavorable to petitioner.
Accordingly, the Court recuses itself from the
case, and, as approved by Hon. James B. Kane, Acting
District Administrative Judge, Eighth Judicial District,
hereby refers the matter to Hon. Willard Cass, Acting
Supreme Court Justice, for scheduling and disposition.
The Court read the papers filed to date, but, has
heard no arguments. The case was adjourned to April 3,
1996 at 9:00 A.M. for argument; briefs to be filed by
Petitioner by March 25, 1996, and Respondent was given 5
days to reply.
THIS IS THE DECISION AND ORDER OF THIS COURT.
Dated: March 13, 1996
Mayville, New York
Supreme Court Justice
To all Counsel:
Please take notice that a DECISION and ORDER of
which the within is a copy, is duly granted in the above
entitled action on the day of , 1996, and
filed by the Court in the office of the Clerk of the County
of Chautauqua on the same date.