Opinion
July 29, 1985
Appeal from the Supreme Court.
Application granted, order entered March 19, 1984 vacated and matter remitted to Special Term for the issuance of an order to show cause authorizing commencement of a proceeding by such service as Special Term deems appropriate. Based upon our review of the petition, we are of the opinion that it is not patently frivolous or without some merit ( see, Matter of King v Gregorie, 90 A.D.2d 922, lv dismissed 58 N.Y.2d 822). Mahoney, P.J., Kane, Main, Casey and Harvey, JJ., concur.