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MATTER OF JURNOVE v. LAWRENCE

38 A.D.3d 895 (2007)

832 N.Y.S.2d 655

In the Matter of MARC R. JURNOVE et al., Appellants, v. JAMES LAWRENCE et al., Respondents.

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

Decided March 27, 2007.

Ordered that the order and judgment is reversed insofar as appealed from, on the law, with costs, the motion to dismiss the petition pursuant to CPLR 3211 (a) (7) is denied, the petition is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.

A proceeding pursuant to CPLR article 78 in the nature of mandamus is an appropriate vehicle by which "to compel...

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