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MATTER OF KOUSOULAS v. COLELLO

97 A.D.2d 765 (1983)

In the Matter of Constantine Kousoulas et al., Appellants, v. Joseph Colello et al., Respondents

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

November 7, 1983

Judgment affirmed, without costs or disbursements.

We agree with Special Term that petitioners have failed to establish the "clear legal right" to the relief sought which is necessary to maintain an article 78 proceeding in the nature of mandamus (see, e.g., Matter of Association of Surrogates & Supreme Ct. Reporters v Bartlett, 40 N.Y.2d 571, 574). Section 32 and subdivision 3 of section 64 of the Town Law and subdivision...

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