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MATTER OF WILLIAMS v. KASSLER

144 A.D.2d 1037 (1988)

In the Matter of Frank Williams, Petitioner, v. Theodore S. Kassler, Respondent

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

November 15, 1988

Motion granted and proceeding dismissed.

Memorandum:

A notice of petition in a CPLR article 78 proceeding shall be served in the same manner as a summons in an action (CPLR 403 [c]). Moreover, an article 78 proceeding may not be used as a substitute for an appeal in a criminal matter (Matter of Attica Bros. v Additional Term of Supreme Ct., 45 A.D.2d 10

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