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COLE v. GOLDBERGER, PEDERSEN

95 Misc.2d 720 (1978)

In the Matter of Alan Cole, Petitioner, v. Goldberger, Pedersen & Hochron et al., Respondents. (Action No. 1.) In the Matter of John J. Reynolds et al., Petitioners, v. Carr & Rowlands et al., Respondents. (Action No. 2.)

Supreme Court, Special Term, Broome County.

October 12, 1978

Attorney(s) appearing for the Case

L. David Zube for Alan Cole, petitioner, in Action No. 1, and John J. Reynolds and another, petitioners in Action No. 2. Goldberger, Pedersen & Hochron (Milton Goldberger of counsel), respondent pro se in Action No. 1. Coughlin & Gerhart for Marine Midland Trust Company, respondent in Action No. 1. Lawrence W. Zimmerman, Assistant County Attorney, for John J. Andrews, respondent in Action No. 1. Carr & Rowlands (Michael J. Hannah of counsel), respondent pro se in Action No. 2. Hinman, Howard & Kattell (Howard M. Rittberg of counsel), for Binghamton Savings Bank, respondent in Action No. 2.

ROBERT E. FISCHER, J.

These separate special proceedings seeking declaratory and injunctive relief — consolidated for purposes of this decision — assert the invalidity of various postjudgment procedures provided by CPLR article 52 as violative of due process guarantees of the Federal and State Constitutions. The Attorney-General has been served in compliance with CPLR 1012 (subd [b]), but has not...

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