Willcox v. Stern

Judgment unanimously modified, on the law, on the facts and in the exercise of discretion, without costs or disbursements, to strike the leave granted to petitioner to serve an amended petition and in lieu thereof to provide that within 20 days after service of a copy of the order hereon with notice of entry, the petitioner may apply to Special Term for leave to replead; and order otherwise affirmed, without costs and disbursements. There is no showing that the petitioner “ has good ground to support ” an article 78 proceeding on theory of a failure and refusal of the respondent…