MATTER OF NISTAL v. HAUSAUER


203 Misc. 89 (1952)

In the Matter of Gerard E. Nistal, Petitioner, v. Karl F. Hausauer, as Commanding General of The New York National Guard, Respondent.

Supreme Court, Special Term, New York County.

July 30, 1952.


Attorney(s) appearing for the Case

Arthur G. Warner, James E. Birdsall and Samuel A. Goldberg for petitioner.

Nathaniel L. Goldstein, Attorney-General (Jerome O. Glucksman of counsel), for respondent.


BREITEL, J.

Petitioner, a former member of the New York Air National Guard, seeks in this article 78 proceeding to compel respondent, commanding general of the guard, to direct the issuance to him of an honorable discharge.

Respondent has cross-moved for an order dismissing the petition on the ground (1) that the court lacks jurisdiction and (2) that the proceeding was not brought within the four-month...

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