Jemzura v. Bookhout
This text of 38 A.D.2d 865 (Jemzura v. Bookhout) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Motion to dismiss petition granted, without costs. Appeals from the Justice Court must, in the first instance, be taken to the County Court (UJCA, § 1701). A proceeding to compel a Justice of the Justice Court to perform a duty enjoined by law must be brought at a Special Term of the Supreme Court (CPLR 7804, subd. [b]; 506, subd. [b]), and said Justice should be joined as a party thereto (24 Carmody-Wait 2d, New York Practice, § 145:265). Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Simons, JJ., concur.
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Cite This Page — Counsel Stack
38 A.D.2d 865, 1972 N.Y. App. Div. LEXIS 5418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jemzura-v-bookhout-nyappdiv-1972.