Hayden v. LeFevre

OPINION OF THE COURT

Jan H. Plumadore, J.

A CPLR article 70 order to show cause was issued on July 21, 1988 on the strength of petitioner’s June 27, 1988 subject matter jurisdiction allegations. Respondent filed a return August 29, 1988 which the court deemed insufficient in an interim opinion dated October 21, 1988. Respondent filed an amended return dated November 25, 1988 dealing with the sole issue which could rightly be said to survive respondent’s initial (return) and traditional objections that petitioner’s grounds were raised or raisable on appeal, i.e., whether the procedural and…