In re the Estate of Cohen

Rubenstein, S.

This is a motion, in a discovery proceeding commenced by the administrator herein, to vacate an order dated February 23,1954, for the examination of ten individuals including the two who appear specially herein for the purposes of this motion. The objections go to the substance and sufficiency of the petition and challenge the court’s jurisdiction only of the subject matter thereof. Consequently, the movants must be deemed to have appeared generally herein as respondents (Civ. Prac. Act, § 237-a; Matter of Feinberg, 185 Misc. 862; Matter of Lacombe, 113 N. Y. S. 2d 509; Matter…