SPECIAL PROCEEDINGS UNDER THE Code of Civil Procedure and Consolidated Laws SPECIAL PROCEEDINGS GENERALLY CONSIDERED. (Fiero, Spec. Pro., 3rd Ed., pp. 1-60.) Art. II. General provisions of the code relating to the subject. III. Special proceedings enumerated. IV. Costs in special proceedings. V. Appeals. ARTICLE II. GENERAL PROVISIONS OF THE CODE RELATING TO THE SUBJECT. (Fiero, Spec. Pro., 3rd Ed., pp. 10-21.) SUBD. 1. Jurisdiction in special proceedings. 2. When proceeding does not abate. 3. Statute of limitations in special proceedings. CODE CIV. PRO., § 2518. Proceeding commenced by petition; statute of limitations. 4. Miscellaneous provisions applicable to special proceedings. Subd. 1. Jurisdiction in Special Proceedings. (Fiero, Spec. Pro., 3rd Ed., pp. 11-12.) Section 348 of the Code of Civil Procedure has no bearing on the power of a court, as distinguished from a judge thereof, to make an order in supplementary proceedings requiring a judgment debtor to turn over certain property to a receiver. Chestnut v. Greenberg (1916), 162 N. Y. Supp. 137. Subd. 2. When Proceeding Does Not Abate. (Fiero, Spec. Pro., 3rd Ed., pp. 13-16.) Proceedings supplementary to execution are proceedings before judge and not before a court, and while a proceeding commenced before one judge may be continued before another, yet it is essential to preserve the continuity by adjournment from time to time. Matter of Wilson v. Bracken (1912), 150 App. Div. 577, 135 N. Y. Supp. 435. A judge out of office may settle a case but he may not make an order in a case three years after he is out of office or sign an order previously made. Smith v. Smith (1916), 173 App. Div. 524, 159 N. Y. Supp. 1035. Subd. 3. Statute of Limitations in Special Proceedings. (Fiero, Spec. Pro., 3rd Ed., pp. 16-18.) Code Civ. Pro., § 2518. Proceeding commenced by petition; statute of limitations. Ivery proceeding in surrogate's court shall be commenced by the filing of a petition. In any case where the time in which to begin such proceeding is limited, a citation or an order to show cause, on such petition must, within sixty days thereafter, be issued and be served, as prescribed in this chapter upon the adverse party, or upon one or two or more adverse parties who are jointly liable, or otherwise united in interest; or within the same time, the first publication thereof must be made pursuant to an order made as prescribed in this chapter. Formerly Code Civ. Pro., §§ 2516 and 2517; re-enacted by L. 1914, ch. 443. The determination by a board of assessors of a claim for damages to abutting owners by the construction of a bridge in accordance with a provision of the law under which the bridge was constructed is neither an action nor special proceeding and hence the six-year Statute of Limitations does not bar an application to compel an award of damages. People ex rel. Watt v. Zucca (1914), 160 App. Div. 578, 145 N. Y. Supp. 754. Subd. 4. Miscellaneous Provisions Applicable to Special Proceedings. (Fiero, Spec. Pro., 3rd Ed., pp. 18-21.) The mere signing of an order in supplementary proceedings is not the commencement of an action. Matter of Dorfman v. Jacobs (1917), 100 Misc. 592, 165 N. Y. Supp. 403. The Supreme Court has no authority to consolidate two special proceedings which are based on different facts and are, in part, against different respondents. People ex rel. Collins v. Ahearn (1911), 146 App. Div. 135, 130 N. Y. Supp. 497. ARTICLE III. SPECIAL PROCEEDINGS ENUMERATED. (Fiero, Spec. Pro., 3rd Ed., pp. 21-27.) Liquor seizure proceedings in which the person claiming title to the liquor interposes an answer are special proceedings. Farley v. Sixteen Bottles of Champagne (1912), 153 App. Div. 502, 138 N. Y. Supp. 276. An application by a bankrupt for an.order canceling a judgment under section 150 of the Debtor and Creditor Law is a special proceeding. Guasti v. Miller (1911), 203 N. Y. 259. Proceedings in bankruptcy are special proceedings. In re Flower (1917), 167 N. Y. Supp. 778. Proceedings in the Appellate Division relating to attorneys have long been treated by the courts as special proceedings. Matter of Mathot (1917), 222 N. Y. 8. A proceeding under a law providing for the construction of a bridge and authorizing an award of damages to the abutting owners by the board of assessors of the city is not a special proceeding. People ex rel. Watt v. Zucca (1914), 160 App. Div. 578, 145 N. Y. Supp. 754. A supplementary proceeding, though for some purposes a special proceeding, is still but supplementary to the execution and in aid of the judgment, and a proceeding in the action, at least for the purpose of determining where papers are to be filed. Mulstein Co. v. City of New York (1915), 213 N. Y. 308, affg., 160 App. Div. 890, 144 N. Y. Supp. 1122. Proceedings to punish a party for contempt in supplementary proceedings are to be regarded as a step incidental to and taken in a supplementary proceeding and not as an independent special proceeding. Matter of Steinman v. Conlon (1913), 208 N. Y. 198. An application for an order for an execution against wages pursuant to the provisions of section 1391 of the Code of Civil Procedure, does not constitute the institution of a special proceeding. Keve v. Columbia Kid Hair Curlers Mfg. Co. (1914), 161 App. Div. 918, 145 N. Y. Supp. 1072, modfg., 159 App. Div. 738, 144 N. Y. Supp. 961. A proceeding for the voluntary dissolution of a corporation is a special proceeding. Matter of French (1918), 181 App. Div. 719, 168 N. Y. Supp. 988. |