Brenner v. Bruckman

This appeal involves the application of the provisions of the recently-enacted article 78 of the Civil Practice Act (Laws of 1937, chap. 526, effective Sept. 1, 1937). The new article is entitled “ Proceeding against a body or officer,” and supplants former articles 78, 79 and 80, which covered certiorari, mandamus and prohibition proceedings, respectively. This comprehensive -x revision of the statute was recommended to the Legislature by the " Judicial Council and was promulgated not only “ to facilitate greater expedition ” but also to provide “ a uniform mode of proceeding akin to a…