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MATTER OF MEROLA v. STADTMAUER

127 A.D.2d 458 (1987)

In the Matter of Mario Merola, Petitioner, v. David Stadtmauer et al., Respondents

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

February 4, 1987

Application for a writ of prohibition unanimously denied, the petition dismissed, and the order of Justice Stadtmauer confirmed, without costs and without disbursements.

While we disagree with Trial Term's ruling, neither prohibition nor declaratory judgment lie. (Matter of State of New York v King, 36 N.Y.2d 59; Matter of Morgenthau v Erlbaum, 59 N.Y.2d 143

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