Majority
p. 865(February 9, 1972) In the Matter of George Jemzura, Petitioner, v. David F. Lee, Jr., as a Justice of the Supreme Court, Chenango County, Respondent.
Motion to dismiss petition granted, without costs. A proceeding in the nature of mandamus may not be used to challenge a determination which may be reviewed by appeal. Nor may such proceeding be used to challenge a determination made in a civil action. Herlihy, P. J., Staley, Jr., Sweeney, Simons and Kane, JJ., concur.