Mullen v. Golden

This is a proceeding under article 78 of the Civil Practice Act to review the order of the County Court of Queens County which denied the petitioner’s application to punish the intervenor for contempt of said court. It was instituted following the dismissal of an appeal taken by the petitioner from the said order. In dismissing said appeal the Appellate Division (Matter of Mullen v. Halleran, 263 App. Div. 957) pointed out that petitioner had mistaken his remedy, which “ is by certiorari.”

It would at first appear that the Appellate Division placed upon this court a constraint when it pointed…