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MATTER OF POLANSKY v. SOBEL

285 A.D. 1178 (1955)

In the Matter of Hyman Polansky, Appellant, v. Nathan R. Sobel, as Justice of The County Court of the County of Kings, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 23, 1955.

Order dismissing proceeding unanimously affirmed, with $10 costs and disbursements.

The proceeding was properly dismissed as a matter of law. (Civ. Prac. Act., § 1285.) The authority of Matter of Murtagh v. Leibowitz (303 N.Y. 311) is not to the contrary. In that case there had not been, as here, a prior determination, which could be reviewed on appeal. In any event the dismissal of the proceeding was proper in the exercise...

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