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MATTER OF CONSOL. EDISON CO. v. MURTAGH

201 Misc. 244 (1951)

In the Matter of Consolidated Edison Company of New York, Inc., Petitioner, v. John M. Murtagh, Individually and as Chief Magistrate of The Magistrates' Court of the City of New York, et al., Respondent.

Supreme Court, Special Term, Bronx County.

November 29, 1951.

Attorney(s) appearing for the Case

Colley E. Williams and Sidney L. Davis for petitioner.

Denis M. Hurley, Corporation Counsel (Arthur J. Goldsmith and George J. Elkins of counsel), for respondents.

HAMMER, J.

The petitioner moves for an order pursuant to article 78 of the Civil Practice Act in the nature of prohibition, restraining further proceedings in the Municipal Term of the Magistrate's Court, Borough of The Bronx, on a summons and an affidavit of complaint or information charging the petitioner with a violation of section D26-1.0 of chapter 26 of the Administrative Code of the City of New York.<...

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