McLean v. Carey

Petitioner not being ■ entitled to a hearing, the proceeding should not have been transferred to this court. However, since the papers are sufficient to permit of the disposition of the proceeding by this court, we confirm the determination under the provisions of section 1296 of the Civil Practice Act. Determination unanimously confirmed, with fifty dollars costs and disbursements. Present — Townley, G'ennon, Untermyer, Dore and Cohn, JJ.