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MATTER OF BRAUNSDORF v. KELLEHER

202 Misc. 471 (1952)

In the Matter of Florence Braunsdorf, Individually and as Executrix of and Trustee under The Will of George W. Braunsdorf, Deceased, Petitioner, v. John T. Kelleher, as Superintendent of the Department of Housing and Buildings of The Borough of Queens, City of New York, Respondent.

Supreme Court, Special Term, Queens County.

February 13, 1952.

Attorney(s) appearing for the Case

Florence Braunsdorf, petitioner in person.

Denis M. Hurley, Corporation Counsel (Arthur J. Goldsmith and Samuel Mandell of counsel), for respondent.

HALLINAN, J.

This is an article 78 proceeding in the nature of mandamus to compel the issuance of a certificate of occupancy, in which respondent, superintendent of the department of housing and buildings of the Borough of Queens, has made a "cross-motion" under subdivision 4 of section 1285, and section 1293 of the Civil Practice Act to dismiss the petition on the ground that petitioner has failed to exhaust...

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