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MATTER OF LEON v. ANDERSON

47 Misc.2d 923 (1965)

In the Matter of Larry Leon, as President of Gibraltar Amusements, Ltd., Petitioner, v. Francis J. Anderson, as County Clerk of the County of Nassau, et al., Respondents.

Supreme Court, Special Term, Nassau County.

September 10, 1965

Attorney(s) appearing for the Case

Mechta & Mechta for petitioner. Chadbourne, Parke, Whiteside & Wolff for Wurlitzer Company, respondent. Jack B. Weinstein, County Attorney, for Francis J. Anderson, respondent. Joseph Jaspan for M. Halsted Christ, as trustee, respondent.

WILLIAM J. SULLIVAN, J.

This is a proceeding brought under article 78 of the CPLR to compel the Clerk of Nassau County to cancel of record a chattel mortgage executed by the petitioner on the ground that the mortgage instrument was forged.

A proceeding under article 78 may be maintained to enforce the performance of a duty specifically enjoined by law (Matter of Gimprich v. Board of Educ. of City...

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