The following excerpt is from MATTER OF FAY v. Lyons, 202 Misc. 789 (N.Y. Sup. Ct. 1952):
For these reasons, and because the petitioner's laches is inexcusable, this court should not and will not invoke its discretionary authority to grant the order herein sought. (Matter of Coombs v. Edwards, 280 N.Y. 361, 364; Matter of Whalen v. Corsi, 201 Misc. 39.)
The petition is, therefore, dismissed on the merits, with costs.
Submit order.
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