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

April, 1909. Maxson Jones, for judgment creditor and complainant, for motion. Stephen Willchinski, attorney in person, opposed. LA FETRA, J. This is a motion to punish a judgment debtor as for a contempt for his failure to appear November 20, 1908, the day to which his examination under an order of this court had been adjourned. The judgment upon which this proceeding is based was obtained in the Municipal Court, borough of Manahattan, ninth district, and became a judgment of the Supreme Court, out