§ 404. Objections in point of law.
166 words·~1 min read·
/ny/civil-practice-law-rules/special-proceedings/404·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 404. Objections in point of law.
(a)By respondent. The respondent
may raise an objection in point of law by setting it forth in his answer
or by a motion to dismiss the petition, made upon notice within the time
allowed for answer. If the motion is denied, the court may permit the
respondent to answer, upon such terms as may be just; and unless the
order specifies otherwise, such answer shall be served and filed within
five days after service of the order with notice of entry; and the
petitioner may re-notice the matter for hearing upon two days' notice,
or the respondent may re-notice the matter for hearing upon service of
the answer upon seven days' notice.
(b)By petitioner. The petitioner may raise an objection in point of
law to new matter contained in the answer by setting it forth in his
reply or by moving to strike such matter on the day the petition is
noticed or re-noticed to be heard.