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MATTER OF MODUGNO v. BAUMGARTNER

11 Misc.2d 1022 (1958)

In the Matter of Joseph Modugno, Petitioner, v. Leona Baumgartner, as Health Commissioner of the City of New York, Respondent.

Supreme Court, Special Term, New York County.

April 3, 1958.

Attorney(s) appearing for the Case

F. William Guma, Jr., for petitioner.

Peter Campbell Brown, Corporation Counsel (Howard C. Fischbach of counsel), for respondent.

LOUIS J. CAPOZZOLI, J.

The petition of the petitioner herein, No. 4 on the calendar of April 1, 1958, in which he seeks an order compelling the respondent, Commissioner of Health of the City of New York, to include in the budget of the department of health funds for mosquito control, is denied.

The cross motion of the respondent, No. 52 on the same calendar, which seeks a dismissal of the petition,...

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