Petitioner sought to institute the proceeding by order to show cause. The Special Term, in a memorandum decision, found no basis for the relief sought and returned the proposed order unsigned. Subsequently an order dismissing the petition was entered. Although permissible, an order to show cause is not necessary to commence such a proceeding. (Civ. Prac. Act, § 1289). There appears in the papers no reason for resorting to an order to show cause rather than the usual...
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