MATTER OF MAPES v. SWEZEY


278 A.D. 959 (1951)

In the Matter of Edgar Mapes, Respondent, v. John R. Swezey, as Mayor of The Village of Patchogue, et al., Appellants, and Louis F. Felice et al., Respondents

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

June 13, 1951.


Order affirmed, with $10 costs and disbursements, with leave to appellants to answer within five days after the entry of the order hereon.

Only the petition may be considered on this motion. The court has jurisdiction where the petition contains facts which entitle petitioner prima facie to the relief sought, there being no disputed question of fact, only an issue of law. (Matter of Felice v. Swezey, ante, p. 958, decided herewith.) It is alleged in...

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