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MATTER OF BRANCH v. HAMMOCK

98 A.D.2d 991 (1983)

In the Matter of Vraden Branch, Appellant, v. Edward R. Hammock, as Chairman of The New York State Board of Parole, Respondent

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

December 16, 1983

Appeal unanimously dismissed.

Memorandum:

The judgment was entered upon the denial of an ex parte application for an order to show cause to commence a CPLR article 78 proceeding. It is not appealable (Matter of Scotti, 53 A.D.2d 282, 285-286). Although the proceeding was not otherwise properly instituted by personal service of a notice of petition (see CPLR 403, subd [c]; 304), Special Term addressed the merits in...

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