September 3, 1985
Motion to dismiss proceeding granted, without costs. The proceeding must be dismissed as this court is without jurisdiction to entertain such proceeding (Matter of Nolan v Lungen, 61 N.Y.2d 788).
Cross motion for removal of proceeding to the Supreme Court denied, without costs. Main, J.P., Casey, Weiss, Mikoll and Yesawich, Jr., JJ., concur.
Full title:In the Matter of BETTY O. MUKA, Petitioner, v. JOHN H. LIVINGSTON, as…
Court:Appellate Division of the Supreme Court of New York, Third Department
Date published: Sep 3, 1985
This case now becomes the latest in a long series of litigation involving the obscure and somewhat archaic…
Berkman v. Family CourtFor example, in Matter of Juracka v Severson ( 115 A.D.2d 102), the Third Department dismissed a mandamus…