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MATTER OF UNGAR v. WAGNER

22 Misc.2d 403 (1960)

In the Matter of Sidney J. Ungar, Petitioner, v. Robert F. Wagner et al., Individually and Constituting the Board of Estimate, Respondents.

Supreme Court, Special Term, New York County.

March 2, 1960.

Attorney(s) appearing for the Case

Ungar & Liben (Samuel Nirenstein of counsel), for petitioner.

Charles H. Tenney, Corporation Counsel (John L. Radlein of counsel), for respondents.

ARON STEUER, J.

Petitioner brings this article 78 proceeding against the Board of Estimate. The specific purpose is to direct the respondents to place a petition and communication of the petitioner on the calendar of the board for hearing. Respondents cross moved to dismiss the petition.

The first question is whether the respondents can be compelled by judicial fiat to do what the petitioner requests...

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