While Special Term was correct in its decision that mandamus does not lie, nevertheless Special Term has the authority to determine that while the petitioner has prosecuted its action in an improper form and has requested relief to which it is not entitled, that fact alone does not bar its receiving the relief to which it is entitled (CPLR 103, subd. [c]; 105, subd. [d]; Matter of Lakeland Water Dist. v. Onondaga County Water Auth.
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MATTER OF MOHICAN CABLE T. V. CORP. v. CRONIN
34 A.D.2d 692 (1970)
In the Matter of Mohican Cable T. V. Corp., Appellant, v. Robert Cronin, as Mayor of The City of Glens Falls., et al., Respondents
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
April 13, 1970
April 13, 1970
Appellate Division of the Supreme Court of the State of New York, Third Department.
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