Petri v. Ruehl

At,-myth W. Lytle, J.

As the title suggests, this is an application under article 78 of the Civil Practice Act for a review of certain acts of the respondents, for reinstatement of the petitioner to membership in what is colloquially known as the Teamsters Union, the fixing of damages to the petitioner by reason of his alleged wrongful expulsion from such union, and for such further relief as may be warranted.

Instead of serving and filing an answer as provided by section 1291 of the Civil Practice Act, the respondents have adopted the alternative procedure of moving for an order dismissing the…