December 6, 1973 Present — Goldman, P.J., Marsh, Witmer, Cardamone and Simons, JJ. Application denied and proceeding dismissed, without costs. Memorandum: Petitioners are not entitled to the relief sought under CPLR 7803 (see Matter of Finnerty v. McDowell, 36 A.D.2d 900). The record does not demonstrate that Justice Moore in Special Term failed to perform a duty enjoined upon him by law, that he proceeded without or in excess of jurisdiction or that his determination was made in violation of lawful