Davis v. Starr

Petitioners seek a judgment pursuant to CPLR article 78 directing respondents to hear and determine petitioners’ petition for rehearing, etc. Respondents have cross-moved to dismiss the petition herein. Respondents’ cross motion is granted.

According to the prayer for relief of the petition herein, the instant article 78 proceeding is a proceeding in the nature of mandamus, for an order directing respondents to hold a full evidentiary hearing and to conduct their own audit of the books and records of the housing company.

In support of the petition, the affidavits of each of the three named…