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MATTER OF NELSON v. STANDER

1391 OP 10-01251.

79 A.D.3d 1645 (2010)

913 N.Y.S.2d 849

In the Matter of FLORINE NELSON et al., Petitioners/Plaintiffs, v. THOMAS A. STANDER, in His Official Capacity as Justice of Supreme Court, Monroe County, et al., Respondents/Defendants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 30, 2010.

It is hereby ordered that said petition is unanimously dismissed without costs, and the declaratory judgment action is transferred to Supreme Court for further proceedings.

Memorandum: Petitioners/plaintiffs (petitioners) commenced this original hybrid CPLR article 78 proceeding and declaratory judgment action seeking a writ of prohibition and challenging, inter alia, the jurisdiction and authority of respondent Honorable Thomas A. Stander to issue judicial warrants...

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