STATE OF NEW YORK

SUPREME COURT: COUNTY OF ERIE

____________________________________
AFFINITY ELMWOOD GATEWAY
PROPERTIES LLC,
Plaintiff
vs.
AJC PROPERTIES LLC, et al.,
Defendants.
____________________________________

NOTICE OF CROSS-MOTION
REQUESTING DISQUALIFICATION
OF JUDGE with AFFIRMATION
Index No. I 2011-3883
Assigned to: Hon. John A. Michalek
ORAL ARGUMENT REQUESTED

CROSS-MOTION MADE BY:

Defendants Bencinich, Davis, Gathers,

Genovese, Girage and Wustner.

DATE, TIME AND PLACE OF

MOTION:

January 31, 2013, at 9:30 a.m., 25 Delaware

Ave., Part 26, Fourth Floor, Buffalo, NY.

SUPPORTING PAPERS:

Affirmation of Arthur J. Giacalone, affirmed

January 18, 2013, and the exhibits and
appendix attached thereto.

RELIEF REQUESTED:

(A) An Order granted by the Hon. John A.

Michalek, pursuant to 22 NYCRR
100.3(E)(1), disqualifying himself in this
proceeding.
(B) Such other and further relief as to
the Court appears just and proper.

GROUNDS FOR RELIEF:

A Judge shall disqualify himself in a

proceeding in which his impartiality might
reasonably be questioned.

ANSWERING PAPERS:

Pursuant to CPLR 2214(b), any reply or

answering affidavits shall be served at least
one day before the time at which the motion
is noticed to be heard.

DATED: East Aurora, New York

January 18, 2013
_____________________________
Arthur J. Giacalone
Attorney for Defendants Bencinich, Davis,
Gathers, Genovese, Girage and Wustner
140 Knox Road
East Aurora, New York 14052
ArtG2012@verizon.net
(716) 687-1902
To:

Dennis C. Vacco, Esq.

Kevin J. Cross, Esq.
Brendan H. Little, Esq.
Lippes Mathias Wexler Friedman LLP
Attorneys for Plaintiff
665 Main Street, Suite 300
Buffalo, New York 14203

Courtesy copy:
Hon. Paula L. Feroleto, J.S.C.
Administrative Judge
Eighth Judicial District
92 Franklin Street
Buffalo, New York 14202