Davis v. Murtagh

Appellate Division of the Supreme Court of New York

Davis v. Murtagh

44 A.D.2d 798, 356 N.Y.S.2d 211, 1974 N.Y. App. Div. LEXIS 5091

Appellate Division of the Supreme Court of the State of New York·Decided May 7, 1974·Published

Opinion

Motion in the nature of mandamus to require respondent to render a decision in a matter.pending-before him unanimously denied, without costs and without disbursements, and the petition dismissed. It appears that the predicate matter has never been before respondent and, if not decided, is pending before another Justice of the court. The denial is without prejudice to a proper application. Concur — Lupiano, J. P., Steuer, Tilzer, .Capozzoli and Lane, JJ.

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Motion in the nature of mandamus to require respondent to render a decision in a matter.pending-before him unanimously denied, without costs and without disbursements, and the petition dismissed. It appears that the predicate matter has never been before respondent and, if not decided, is pending before another Justice of the court. The denial is without prejudice to a proper application. Concur — Lupiano, J. P., Steuer, Tilzer, .Capozzoli and Lane, JJ.

Davis v. Murtagh, 44 A.D.2d 798, 356 N.Y.S.2d 211, 1974 N.Y. App. Div. LEXIS 5091 (N.Y. Ct. App. 1974).

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