Opinion
November 23, 1942.
Proceeding under article 78 of the Civil Practice Act. Appeal from order granting motions of respondent Municipal Court Justice, and of intervener-respondent to dismiss the petition. Order reversed on the law, without costs, motions denied, without costs, and respondent directed to serve and file a return to the petition. The provisions of the Municipal Court Act [Code] do not authorize a review as a matter of right of the order of contempt made by the Municipal Court Justice. The only method of review available is by a proceeding under article 78 of the Civil Practice Act. ( Matter of Pugh v. Winter, 166 Misc. Rep. 95; modfd. and affd., 253 App. Div. 295.) Lazansky, P.J., Hagarty, Carswell, Adel and Close, JJ., concur.