From Casetext: Smarter Legal Research

Matter of McGuire v. Spires

Appellate Division of the Supreme Court of New York, First Department
Apr 13, 1995
214 A.D.2d 402 (N.Y. App. Div. 1995)

Opinion

April 13, 1995

Appeal from the Supreme Court, New York County (Phyllis B. Gangel-Jacob, J.).


Petitioners may not subvert the appeals process by collaterally attacking the Civil Court's orders, properly rendered in prior proceedings, by means of an article 78 proceeding (see, Matter of State of New York v King, 36 N.Y.2d 59). Moreover, while sanctions have not been requested at this point, we reiterate the previous warnings given to petitioners, both by this Court (in a related matter, see, M-6420, M-6436, App. Div., 1st Dept, Jan. 19, 1993) and the IAS Court (in the order appealed from), regarding their pursuit of frivolous claims and the attendant consequences.

We have considered petitioners' other claims and find them to be without merit.

Concur — Rosenberger, J.P., Ellerin, Wallach, Kupferman and Mazzarelli, JJ.


Summaries of

Matter of McGuire v. Spires

Appellate Division of the Supreme Court of New York, First Department
Apr 13, 1995
214 A.D.2d 402 (N.Y. App. Div. 1995)
Case details for

Matter of McGuire v. Spires

Case Details

Full title:In the Matter of DENNIS D. McGUIRE et al., Appellants, v. MARK H. SPIRES…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 13, 1995

Citations

214 A.D.2d 402 (N.Y. App. Div. 1995)
625 N.Y.S.2d 895

Citing Cases

Wilson v. Lumb

Respondent contends the appropriate remedy here is an appeal, not mandamus pursuant to article 78. Since a…

Wilson v. Lumb

Respondent contends the appropriate remedy here is an appeal, not mandamus pursuant to Article 78. Since a…