Opinion
October 7, 1946.
Present — Lewis, P.J., Carswell, Johnston, Adel and Aldrich, JJ.
(No. 560.) Motion for an order, under article 78 of the Civil Practice Act, directing the respondents, a Justice of the Supreme Court, and the County Clerk of Kings County, respectively, to subscribe and enter a proposed interlocutory judgment of annulment in a matrimonial action, denied, without costs. Under the facts and circumstances of this case mandamus does not lie. ( Himmelstein v. Himmelstein, 186 Misc. 964.) (Nos. 561, 562.) In view of the decision of motion No. 560, decided herewith, respondents' motions to dismiss the petition are dismissed, without costs.