McGuire v. Spires

Appellate Division of the Supreme Court of New York

McGuire v. Spires

214 A.D.2d 402, 625 N.Y.S.2d 895, 1995 N.Y. App. Div. LEXIS 4224

Appellate Division of the Supreme Court of the State of New York·Decided April 13, 1995·Published·Cited by 2 cases

Opinion

Order, Supreme Court, New York County (Phyllis B. Gangel-Jacob, J.), entered on or about January 26, 1994, dismissing the petition, brought pursuant to CPLR article 78, to annul and vacate certain orders of Housing Court Judge Mark H. Spires, unanimously affirmed, with costs.

Petitioners may not subvert the appeals process by collaterally attacking the Civil Court’s orders, properly rendered in prior proceedings, by means of an article 78 proceeding (see, Matter of State of New York v King, 36 NY2d 59). Moreover, while sanctions have not been requested at this point, we reiterate the previous warnings given to petitioners, both by this Court (in a related matter, see, M-6420, M-6436, App Div, 1st Dept, Jan. 19, 1993) and the IAS Court (in the order appealed from), regarding their pursuit of frivolous claims and the attendant consequences.

We have considered petitioners’ other claims and find them to be without merit. Concur—Rosenberger, J. P., Ellerin, Wallach, Kupferman and Mazzarelli, JJ.

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Order, Supreme Court, New York County (Phyllis B. Gangel-Jacob, J.), entered on or about January 26, 1994, dismissing the petition, brought pursuant to CPLR article 78, to annul and vacate certain orders of Housing Court Judge Mark H. Spires, unanimously affirmed, with costs.

Petitioners may not subvert the appeals process by collaterally attacking the Civil Court’s orders, properly rendered in prior proceedings, by means of an article 78 proceeding (see, Matter of State of New York v King, 36 NY2d 59). Moreover, while sanctions have not been requested at this point, we reiterate the previous warnings given to petitioners, both by this Court (in a related matter, see, M-6420, M-6436, App Div, 1st Dept, Jan. 19, 1993) and the IAS Court (in the order appealed from), regarding their pursuit of frivolous claims and the attendant consequences.

We have considered petitioners’ other claims and find them to be without merit. Concur—Rosenberger, J. P., Ellerin, Wallach, Kupferman and Mazzarelli, JJ.

McGuire v. Spires, 214 A.D.2d 402, 625 N.Y.S.2d 895, 1995 N.Y. App. Div. LEXIS 4224 (N.Y. Ct. App. 1995).

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Opinion

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