Rivera v. Justices of the New York State Supreme Court

— Order, Supreme Court, Bronx County (Barry Salman, J.), entered July 6, 1993, which, in a declaratory judgment action challenging the constitutionality of CPL 450.10 and 450.15, denied plaintiffs motion and granted defendants’ motion for summary judgment, unanimously affirmed, without costs. Sua sponte leave to appeal to the Court of Appeals is hereby granted to appellant.

Initially, we note that these particular defendants, who are not in an adversarial position to the plaintiff, are inappropriate parties against whom to seek declaratory relief.

As the IAS Court noted, quite aside from…