Jemzura v. Molinari

42 A.D.2d 1057 Court Third Department, Decision date 1973-02-22 English

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Majority

p. 1057

Third Department,

February, 1973

(February 22, 1973)

In the Matter of George Jemzura, Petitioner, v. Joseph P. Molinari, Respondent.

Motion to dismiss petition dated January 11, 1973 granted, without costs. A proceeding in the nature of mandamus may not he used to challenge a determination which may be reviewed by appeal (CPLR 7801, subd. 1). Herlihy, P. J., Staley, Jr., Greenblott, Sweeney and Kane, JJ., concur.