Carey v. Moore

Application denied. Per Curiam. There are three reasons why we cannot and do not pass upon the question sought to be raised by the petitioner on this motion. (1) From the moving papers it appears that a motion for the same relief was made at Special Term and that the motion was denied. Under these circumstances petitioner’s relief is by appeal rather than by a mandamus order. If the formal order has not been entered, so as to permit an appeal to be taken, petitioner has his remedy. If a party entitled to enter an order fails to do so promptly after the decision has been made, any interested…