Colin v. Appellate Division of Supreme Court

Proceeding under article 78 of the Civil Practice Act to restrain the Appellate Division, First Department, the Justices thereof, individually and as such Justices, and the clerk thereof, from enforcing special rule 4 promulgated by that court on September 21, 1956, amended December 19, 1956, effective January 1, 1957. Respondents, appearing specially, move to strike out the amended petition on the grounds that this court lacks jurisdiction over the persons of respondents or over the subject matter of the proceeding. The sole issue on which respondents’ motion was argued and presented was…