Mapes v. Swezey

Application, pursuant to article 78 of the Civil Practice Act, for an order declaring the petitioner to be a trustee of the Village of Patchogue and restraining respondent Mazzotti from exercising the powers of such office and for other related relief. Cross motion by some of the respondents for an order dismissing the petition for various reasons which will be hereinafter discussed.

A preliminary question of procedure has been raised by the petitioner’s moving to strike from the notice of cross motion exhibits and affidavits annexed thereto.

Section 1306 of the Civil Practice Act provides: “…