Majority
p. 865In the Matter of George Jemzura, Petitioner, v. Richard J. Bookhout, as Acting County Judge of Chenango County, Respondent.
Motion to dismiss petition granted, without costs. Appeals from the Justice Court must, in the first instance, be taken to the County Court (UJCA, § 1701). A proceeding to compel a Justice of the Justice Court to perform a duty enjoined by law must be brought at a Special Term of the Supreme Court (CPLR 7804, subd. [b]; 506, subd. [b]), and said Justice should be joined as a party thereto (24 Carmody-Wait 2d, New York Practice, § 145:265). Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Simons, JJ., concur.