MATTER OF USHKOWITZ v. HELFAND


22 A.D.2d 700 (1964)

In the Matter of Joseph Ushkowitz et al., Petitioners, v. Julius Helfand, as Acting Justice of the Supreme Court of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 23, 1964


The respondents did not file an answer or make a formal motion to dismiss the petition. Instead, on the return day of this proceeding, October 19, 1964, the respective parties appeared before the court and argued only the issue of law as to whether, upon the petition's factual allegations, the petitioners are entitled to the relief sought. The parties on the return date also submitted their respective printed briefs in which the only issue presented was the legal sufficiency...

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