MATTER OF JUDICIAL INQUIRY PURSUANT TO ORDER OF APPELLATE DIV., SECOND DEP'T


5 A.D.2d 872 (1958)

In the Matter of the Judicial Inquiry Pursuant to the Order of the Appellate Division of the Supreme Court of the State of New York for the Second Department. Anonymous (No. 3), Petitioners; Denis M. Hurley, Respondent

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

March 5, 1958


Cross motion granted, without costs. Petitioners' motion dismissed, without costs and without prejudice to their right, if so advised, to renew their 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...

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