Opinion · Nylaw New York

MATTER OF MEROLA v. STADTMAUER, 127 A.D.2d 458 [1st Dept 1987]

In the Matter of MARIO MEROLA, Petitioner, v. DAVID STADTMAUER et al.,Respondents., 127 A.D.2d 458 (Appellate Division of the Supreme Court of New York, First Department. 1987)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1987-02-04
Topic: general

MATTER OF MEROLA v. STADTMAUER, 127 A.D.2d 458 [1st Dept 1987] In the Matter of MARIO MEROLA, Petitioner, v. DAVID STADTMAUER et al.,Respondents.Appellate Division of the Supreme Court of New York, First Department. February 4, 1987 Application for a writ of prohibition unanimously denied, the petition dismissed, and the order of Justice Stadtmauer confirmed, without costs and without disbursements. While we disagree with Trial Term's ruling, neither prohibition nor declaratory judgment lie.

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MATTER OF MEROLA v. STADTMAUER,127 A.D.2d 458[1st Dept 1987]

In the Matter of MARIO MEROLA, Petitioner, v. DAVID STADTMAUER et al.,

Respondents.

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

February 4, 1987

Application for a writ of prohibition unanimously denied, the petition dismissed, and the order of Justice Stadtmauer confirmed, without costs and without disbursements. While we disagree with Trial Term's ruling, neither prohibition nor declaratory judgment lie.(Matter of State of New York v. King,36 N.Y.2d 59;Matter of Morgenthau v. Erlbaum,59 N.Y.2d 143.) No opinion.

Concur — Murphy, P.J., Sandler, Asch, Milonas and Rosenberger, JJ.