Appellate Division of the Supreme Court of the State of New York, Third Department.
This appeal must be dismissed insofar as the denial of an ex parte order to show cause is not appealable. In any event, were we to reach the merits, it is clear that petitioner's application was patently frivolous and under no circumstances could he have prevailed in this CPLR article 78 proceeding.
Ordered that the appeal is dismissed,...
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