The motion was incorrectly treated as one to restore the proceeding to the calendar, and to the extent the IAS Court decision dismissing the petition focuses on petitioner's failure to prosecute this action, its emphasis was misplaced. Rather, the motion was brought to achieve the delicate task of compelling a court to do what it is obligated to do, render a decision in all matters submitted to it for determination. Here, the record in this article 78 proceeding was submitted...
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