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MATTER OF VENTURE MAG. v. WHITE

103 A.D.2d 450 (1984)

In the Matter of Venture Magazine, Inc., et al., Petitioners, v. Robert E. White, as Justice of the Supreme Court of The State of New York, Respondent

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

October 9, 1984

Attorney(s) appearing for the Case

Andrew P. Weiss of counsel (Edward L. Smith, attorney), for petitioners.

Jeffrey I. Slonim and Marla Tepper of counsel (Robert Abrams, Attorney-General, attorney), for respondent.

Bernard E. Clair of counsel (Clair & Daniele, attorneys), for Jerome Brandt.

MURPHY, P. J., SULLIVAN, ROSS, SILVERMAN and MILONAS, JJ., concur.

Per Curiam.

In this proceeding, brought pursuant to CPLR article 78, petitioners seek a judgment to compel respondent, a Justice of the Supreme Court, to decide, on the merits, petitioners' motion for summary judgment dismissing a complaint.

The petitioners are defendants in a libel action, entitled Brandt v Venture Mag. (Supreme Ct, NY County, index No. 14354/81), which was commenced in 1981. On July 11, 1984, the petitioners filed the instant...

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