SUPREME COURT: COUNTY OF CHAUTAUQUA

_____________________________________________

IN THE MATTER OF THE

APPLICATION UNDER ARTICLE 78 OF

THE CPLR OF DONALD V. NIHOUL, ESQ.

Petitioner,

vs Index No. H-13120

RICHARD V. SLATER, PUBLIC

DEFENDER OF CHAUTAUQUA COUNTY;

AND CHAUTAUQUA COUNTY

Respondents.

_____________________________________________

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

GERACE, J.

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

_________________________________

JOSEPH GERACE

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.