Muka v. Yesawich , 53 A.D.2d 1005 ( 1976 )

Motion to dismiss petition granted, without costs. A proceeding in the nature of mandamus may not be used to challenge a determination which may be reviewed by appeal. Nor may such proceeding be used to challenge a determination made in a civil action (CPLR 7801; Matter of Jemzura v Lee, 38 AD2d 865). Motion for preliminary injunction denied as academic. Koreman, P. J., Greenblott, Sweeney, Kane and Mahoney, JJ., concur.