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MUKA v. YESAWICH

53 A.D.2d 1005 (1976)

Betty O. Muka, Petitioner, v. Paul J. Yesawich, Jr., as a Justice of The Supreme Court, Broome County, Respondent

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

July 30, 1976

Motion to dismiss petition granted, without costs.

A proceeding in the nature of mandamus may not be used to challenge a determination which may be reviewed by appeal. Nor may such proceeding be used to challenge a determination made in a civil action (CPLR 7801; Matter of Jemzura v Lee, 38 A.D.2d 865). Motion for preliminary injunction denied...

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