The following excerpt is from Matter of Kupofsky, 202 Misc. 756 (N.Y. Surr. Ct. 1951):
of the right of election, hence a citation was not issued. The granting of the order to show cause upon the petition was not the grant of a provisional remedy (Schram v. Keane, 279 N.Y. 227) but was a substitute for and in the nature of a notice of motion to the interested parties. The order so granted did not institute the proceeding although the service of the order did (Matter of Tombini, 177 Misc. 148, affd. 262 App. Div. 956).
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