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MATTER OF LIERE v. ECO DALLAS BENGAL

63 A.D.3d 1067 (2009)

880 N.Y.S.2d 560

In the Matter of ROBERT LIERE et al., Appellants, v. ECO DALLAS BENGAL et al., Respondents.

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

Decided June 23, 2009.

Ordered that the order and judgment is affirmed, with costs.

"[T]he writ of prohibition . . . does not issue as of right, but only in the sound discretion of the court" (Matter of Rush v Mordue, 68 N.Y.2d 348, 354 [1986]; see Matter of Vinluan v Doyle, 60 A.D.3d 237 [2009]; Matter of Cuomo v Hayes, 54 A.D.3d 855, 857 [2008]). Furthermore...

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