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In the Matter of DENNIS D. McGUIRE et al., Appellants, v. MARK H. SPIRES, as Judge of the Housing Court, et al., Respondents.

Petitioners may not subvert the appeals process by collaterally attacking the Civil Court's orders, properly rendered in prior proceedings, by means of an article 78 proceeding (see, Matter of State of New York v King, 36 N.Y.2d 59). Moreover, while sanctions have not been requested at this point, we reiterate the previous warnings given to petitioners, both by this Court (in a related matter, see, M-6420, M-6436, App. Div., 1st Dept, Jan. 19, 1993) and the IAS Court (in the order appealed from), regarding their pursuit of frivolous claims and the attendant consequences.

We have considered petitioners' other claims and find them to be without merit.

Concur — Rosenberger, J.P., Ellerin, Wallach, Kupferman and Mazzarelli, JJ.

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MATTER OF McGUIRE v. SPIRES
(Apr 13, 1995)