MATTER OF DE PERNO v. DULAN


11 A.D.2d 1092 (1960)

In the Matter of Rocco F. De Perno, Petitioner, v. Frank Dulan, as Mayor of The City of Utica, Respondent

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

October 27, 1960


Motion for reargument or for leave to appeal to the Court of Appeals denied.

Memorandum:

The proceeding was erroneously transferred to this court; the objections in point of law should have been passed upon by Special Term. (Civ. Prac. Act, § 1296.) However, in order to expedite the disposition of the proceeding, the parties stipulated that "if the objections in point of law to the Petition herein are overruled, then the Answer and Reply are to be considered...

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