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  5. 26 A.D.2d 386 (1966)
 

MTR. OF SCHICK v. KANE

26 A.D.2d 386 (1966)

In the Matter of John J. Schick, Petitioner, v. T. Paul Kane, a Justice of the Supreme Court, et al., Respondents

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

November 21, 1966.

Attorney(s) appearing for the Case

Franklin P. Gavin and J. Sullivan Barr for petitioner.

Louis J. Lefkowitz, Attorney-General (Herbert H. Smith, Ruth Kessler Toch and William J. Kogan of counsel), for T. Paul Kane, Justice of the Supreme Court, respondent.

Ewig & Beck (George A. Beck of counsel), for James T. McCardle, respondent.

GIBSON, P. J., REYNOLDS, AULISI and STALEY, JR., JJ., concur.

HERLIHY, J.

This is an article 78 proceeding in the nature of prohibition to enjoin a Justice of the Supreme Court from hearing a case brought on by the respondent pursuant to subdivision 4 of section 330 of the Election Law.

The issue is whether the procedure adopted by a Justice of the Supreme Court resulted in loss of jurisdiction of the proceedings.

The petitioner Schick and the respondent...

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