MATTER OF VILL. OF PURCHASE


80 Misc.2d 541 (1974)

In the Matter of the Incorporation of the Village of Purchase. In the Matter of the Incorporation of the Village of Harrison.

Supreme Court, Westchester County.

June 5, 1974


Attorney(s) appearing for the Case

Joseph L. Hutner for petitioners. Fried, Greenbaum & Scher for respondent.


JOHN P. DONOHOE, J.

The motion for an order pursuant to CPLR 7804 (subd. [f]) dismissing the petition herein as a matter of law on the grounds that:

(1) petitioners have failed to join and serve necessary parties to this proceeding; and

(2) the petition fails to state facts sufficient to entitle petitioners to relief in that a prohibition proceeding may not be maintained (a) where adequate relief, by appeal, is provided by the statute...

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