Cross motion granted, without costs. Petitioner's motion dismissed, without costs and without prejudice to his right, if so advised, to renew his motion in the Supreme Court.
This court undoubtedly possesses original jurisdiction to entertain and determine, in the first instance, any motion in an action or proceeding pending in the Supreme Court. This court, however, may properly decline to exercise such original jurisdiction except in rare instances, where the exigencies...
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