MATTER OF MARINO v. McGANN


232 A.D.2d 641 (1996)

648 N.Y.S.2d 997

In the Matter of Leo A. Marino, Petitioner, v. Robert McGann et al., Respondents

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

October 28, 1996


Separate motions by the respondents to dismiss the proceeding.

Upon the petition and papers filed in support of the petition, and the papers filed in opposition thereto and in support of the motions, it is

Ordered that the motions are granted; and it is further,

Adjudged that the proceeding is dismissed.

The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial...

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