MATTER OF MARCO v. DI GIOVANNA


13 A.D.2d 774 (1961)

In the Matter of William Marco, Petitioner, v. Anthony J. Di Giovanna, Individually and as a Justice of The Supreme Court, Respondent

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

May 1, 1961


Application for order of prohibition denied, without costs. Cross motion to dismiss petition denied.

Respondent has rendered his decision granting the motion of the defendants in the action to vacate said judgment, on the ground that there was no authority in law or in the order of this court for the entry of a judgment. The order on such decision has not yet been signed. Under the circumstances disclosed by this record, the extraordinary remedy of prohibition against...

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