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MATTER OF ELCOCK v. BOCCIA

12 Misc.2d 955 (1958)

In the Matter of Janet Elcock, Petitioner, v. Joseph A. Boccia, as a Justice of the Municipal Court of the City of New York, Respondent.

Supreme Court, Special Term, New York County.

March 28, 1958.

Attorney(s) appearing for the Case

Sanford J. Leeds for petitioner.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Philip Watson of counsel), for respondent.

JOSEPH A. GAVAGAN, J.

This is an article 78 proceeding against a Justice of the Municipal Court of the City of New York for an order directing him to vacate an order staying a warrant which had been issued against the tenant in an eviction proceeding. In essence, the landlord seeks a writ of prohibition on the ground that the respondent Municipal Court Justice had no power to stay a warrant of eviction after...

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