Legal Opinion

Muka v. Yesawich

Appellate Division of the Supreme Court of the State of New York

Decided July 30, 1976Published

1Opinion of the Court

Motion to dismiss petition granted, without costs. A proceeding in the nature of mandamus may not be used to challenge a determination which may be reviewed by appeal. *1006Nor may such proceeding be used to challenge a determination made in a civil action (CPLR 7801; Matter of Jemzura v Lee, 38 AD2d 865). Motion for preliminary injunction denied as academic. Koreman, P. J., Greenblott, Sweeney, Kane and Mahoney, JJ., concur.

2Cases cited1 opinion

  1. Jemzura v. LeeAppellate Division of the Supreme Court of the State of New York · 1972