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Frederick J. Neroni v. Carl F. Becker et al

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


August 7, 2012

FREDERICK J. NERONI, PLAINTIFF,
v.
CARL F. BECKER ET AL., DEFENDANTS.

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.*fn1 (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.

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.


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