MATTER OF McELROY v. McANDREWS


10 A.D.2d 852 (1960)

In the Matter of James R. McElroy, Petitioner, v. William J. McAndrews et al., Constituting The Board of Police Commissioners of the Village of Hastings-On-Hudson, Respondents

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

April 4, 1960


Motion denied, without costs. Respondents may, if so advised, serve and file an answer within 10 days after service of a copy of the order to be entered hereon with notice of entry.

Although the motion has been accepted for determination, it should have been made and determined at the Special Term. We do not approve the practice of transferring a proceeding pursuant to article 78 of the Civil Practice Act, including a motion such as this, to the Appellate Division...

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