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MATTER OF LOWNES v. FAMILY COURT OF THE STATE OF NEW YORK

24 A.D.2d 443 (1965)

In the Matter of Victor Lownes, III, Appellant, v. Family Court of the State of New York, County of New York, et al., Respondents

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

June 29, 1965

Order, entered October 21, 1964, dismissing petition for a judgment in the nature of prohibition pursuant to article 78 of CPLR, on motion addressed to the legal sufficiency of the petition under CPLR 7804(f), unanimously affirmed, with $50 costs and disbursements to respondents.

Accepting the facts alleged on the face of the petition as true, Special Term properly reasoned and determined that there was insufficient to support an exercise of discretion in favor of...

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