Malik v. Jones

Appellate Division of the Supreme Court of New York

Malik v. Jones

119 A.D.2d 887, 501 N.Y.S.2d 302, 1986 N.Y. App. Div. LEXIS 55830

Appellate Division of the Supreme Court of the State of New York·Decided April 14, 1986·Published

Opinion

— Application, pursuant to CPLR 5704 (2), to review an order of the Supreme Court at Special Term, entered December 30, 1985 which, in effect, denied petitioner’s application for an order to show cause to commence a CPLR article 78 proceeding against respondents.

Application granted and order entered December 30, 1985 vacated. Based upon our review of the petition, we are of the opinion that it is not patently frivolous or without some merit. Accordingly, the matter is remitted to Special Term for the issuance of an order to show cause authorizing commencement of a proceeding by such service as Special Term deems [888]*888appropriate (see, Matter of King v Gregorie, 90 AD2d 922, lv dismissed 58 NY2d 822). Main, J. P., Casey, Weiss, Mikoll and Yesawich, Jr., JJ., concur.

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— Application, pursuant to CPLR 5704 (2), to review an order of the Supreme Court at Special Term, entered December 30, 1985 which, in effect, denied petitioner’s application for an order to show cause to commence a CPLR article 78 proceeding against respondents.

Application granted and order entered December 30, 1985 vacated. Based upon our review of the petition, we are of the opinion that it is not patently frivolous or without some merit. Accordingly, the matter is remitted to Special Term for the issuance of an order to show cause authorizing commencement of a proceeding by such service as Special Term deems [888]*888appropriate (see, Matter of King v Gregorie, 90 AD2d 922, lv dismissed 58 NY2d 822). Main, J. P., Casey, Weiss, Mikoll and Yesawich, Jr., JJ., concur.

Malik v. Jones, 119 A.D.2d 887, 501 N.Y.S.2d 302, 1986 N.Y. App. Div. LEXIS 55830 (N.Y. Ct. App. 1986).

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Opinion

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