MATTER OF POLANSKY v. SOBEL

Order dismissing proceeding unanimously affirmed, with $10 costs and disbursements. The proceeding was properly dismissed as a matter of law. (Civ. Prac. Act., § 1285.) The authority of Matter of Murtagh v. Leibowitz ( 303 N.Y. 311) is not to the contrary. In that case there had not been, as here, a prior determination, which could be reviewed on appeal. In any event the dismissal of the proceeding was proper in the exercise of discretion. ( Matter of Hogan v. Court of General Sessions, 296 N.Y. 1, 8, 9.)