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MATTER OF MARLIN v. GILLETTE

33 A.D.2d 643 (1969)

In the Matter of Sam Marlin, Appellant, v. Henry Gillette, as Successor in Interest of Mark H. Touhey, Public Safety Commission, et al., Respondents

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

October 23, 1969

Judgment unanimously affirmed, without costs.

Memorandum:

This proceeding should have been transferred to this court in the first instance pursuant to CPLR 7804 (subd. [g]). (Matter of United States Tube & Foundry Co. v. Feinberg, 7 A.D.2d 591, 595.) Even though it was not, we may treat it as if it were properly transferred. (Matter of Wignall v. Fletcher, 277 App. Div. 828; Matter of Continental Term...

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