People v. Conway

Application by petitioners pursuant to CPLR article 78, to vacate ex parte order to show cause granted by the respondent Justice of the Supreme Court on April 24, 1978. Although brought in the form of an article 78 proceeding, we treat this application as a motion pursuant to CPLR 5704 (subd [a]) which empowers the Appellate Division to vacate orders of the Supreme Court granted without notice to the adverse party. While such power should be exercised by this court only in unusual circumstances (see Matter of Willmark Serv. System, 21 AD2d 478; 7 Weinstein-Korn-Miller, NY Civ Prac, par…