February 9, 1972
Motion to dismiss petition granted, without costs. A proceeding in the nature of mandamus may not be used to challenge a determination which may be reviewed by appeal. Nor may such proceeding be used to challenge a determination made in a civil action. Herlihy, P.J., Staley, Jr., Sweeney, Simons and Kane, JJ., concur.
Full title:In the Matter of GEORGE JEMZURA, Petitioner, v. DAVID F. LEE, JR., as a…
Court:Appellate Division of the Supreme Court of New York, Third Department
Date published: Feb 9, 1972
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