Aarismaa v. Bender

*1204Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 506 [b] [1]) to compel respondent Honorable Dennis F. Bender to issue a default judgment in the Matter of the Estate of Stanley A. Wagner, deceased, and for other relief.

It is hereby ordered that said petition is unanimously dismissed with costs.

Memorandum: Petitioner commenced this original proceeding pursuant to CPLR article 78 seeking, inter alia, to compel respondent Honorable Dennis F. Bender to issue him a default judgment in an estate…