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Legal Opinion

Fortuna v. Prusinowski

New York Supreme Court

Decided December 11, 2008Published

1Opinion of the Court

OPINION OF THE COURT

Thomas F. Whelan, J.

It is ordered that this motion (No. 002) by the respondents for an order dismissing the petition served and filed in this special proceeding commenced by the petitioners is considered under CPLR 7803 and 3211 (a) and is granted; and it is further ordered that the petitioners’ demands for relief are denied and the petition (No. 001) is dismissed.

Petitioners commenced this special proceeding by the service and filing of an order to show cause in lieu of a notice of petition dated September 16, 2008 and petition. Demanded therein is a stay of a criminal…

2Cases cited5 opinions

  1. Reed v. LittletonNew York Court of Appeals · 1937
  2. Griffin v. PanzarinAppellate Division of the Supreme Court of the State of New York · 2003
  3. Young v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1986
  4. Manuli v. HildenbrandtAppellate Division of the Supreme Court of the State of New York · 1988
  5. Church of Chosen v. City of ElmiraAppellate Division of the Supreme Court of the State of New York · 2005

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