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MTR. OF ARUTT v. MULTER

42 A.D.2d 366 (1973)

In the Matter of Samuel A. Arutt et al., Petitioners, v. Abraham J. Multer, a Retired Justice of the Supreme Court of The State of New York Serving under Certification, Respondent

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

October 17, 1973.

Attorney(s) appearing for the Case

Nathan Cohen for Samuel A. Arutt, petitioner.

Robert P. Herzog for David Strauss & Co., Inc., petitioner.

Louis J. Lefkowitz, Attorney-General (A. Seth Greenwald of counsel), for respondent.

RABIN, P. J., HOPKINS, MUNDER, MARTUSCELLO and LATHAM, JJ., concur.

Per Curiam.

The petitioners instituted this proceeding under article 78 of the CPLR in the nature of prohibition to direct the respondent, a Justice of the Supreme Court, "to resettle" an ex parte order heretofore made by him, dated September 18, 1973 and entered in Richmond County, in a proceeding entitled "Matter of the General Assignment for the Benefit of Creditors of Fillies & Fellows, Inc., assignor, to Samuel...

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