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MATTER OF GRAZIANO v. BIVONA

41 A.D.3d 476 (2007)

835 N.Y.S.2d 913

In the Matter of JOHN GRAZIANO et al., Petitioners, v. JOHN C. BIVONA, as Justice of the Supreme Court of the State of New York, et al., Respondents.

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

Decided June 5, 2007.

Cross motion by the respondent John C. Bivona, a Justice of the Supreme Court, Suffolk County, to dismiss the proceeding on the ground that the petition fails to state a claim upon which relief can be granted.

Ordered that the cross motion is granted; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

"Because of its extraordinary nature...

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