Neroni v. Becker et al

Filing 6

ORDER - 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. Signed by Chief Judge Gary L. Sharpe on 8/7/2012. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_________________________________
FREDERICK J. NERONI,
Plaintiff,

3:12-cv-1226
(GLS/DEP)

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.1 (See

1

Specifically, Neroni seeks a hearing at which defendants would be
required to show why: Justice Becker should not be temporarily and
permanently removed from his underlying state court action; a stay should
not be issued in that case “until verification of the Supreme Court
jurisdiction”; Justice Becker and the State of New York should not be
precluded from applying N.Y. Civ. Rights Law § 52; and Justice Becker
should not be enjoined from holding Neroni or his counsel in contempt for
raising issues of bias and disqualification. (Dkt. No. 4 at 1-2.)

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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August 7, 2012
Albany, New York

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