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In the Matter of Frank Williams v. Theodore S. Kassler
Motion granted and proceeding dismissed. Memorandum: A notice of petition in a CPLR
[1038] article 78 proceeding shall be served in the same manner as a summons in an action (CPLR 403 [c]). Moreover, an article 78 proceeding may not be used as a substitute for an appeal in a criminal matter (Matter of Attica Bros, v Additional Term of Supreme Ct., 45 AD2d 10, 12). Present — Dillon, P. J., Doerr, Boomer, Green and Balio, JJ.