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MATTER OF MELISH v. BAKER

6 A.D.2d 718 (1958)

In the Matter of John H. Melish, Petitioner, v. Edward G. Baker, as Justice of The Supreme Court, et al., Respondents

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

May 20, 1958

Application by respondent Baker for an order dismissing the petition as a matter of law (Civ. Prac. Act, § 1293) denied, without costs; said respondent's time to answer the petition is extended until five days after the entry of the order hereon.

Murphy and Hallinan, JJ., dissent and vote to grant the application to dismiss the petition, with the following memorandum:

In accordance with the determination in Rector, Churchwardens & Vestrymen of...

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