McArdle v. Curran

This article 78 proceeding was commenced by order to show cause, dated May 15, 1973, and made returnable at the regular Albany Special Term on June 8,1973. Prior thereto and by motion returnable at the regular Albany Special Term on May 25, 1973, held by the same Justice, Hon. A. Franklin Mahoney, the respondent commission sought dismissal of the petition herein. The motion was denied, an opinion was written, and leave was given to answer and, upon application of the respondent, consent to appeal was given. The notice of appeal was filed and the automatic stay contained in subdivision (a) of…