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JEFFERDS v. ELLIS

122 A.D.2d 595 (1986)

Robert Jefferds, Respondent, v. Harold W. Ellis, Appellant

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

July 11, 1986

Order unanimously reversed, on the law, without costs, and motion denied.

Memorandum:

Special Term erred in determining sua sponte the constitutionality of Uniform Commercial Code §§ 9-503, 9-504 without complying with the mandates of CPLR 1012 (b), which requires a court in such instances to notify the Attorney-General to give him an opportunity to be heard in support of said statute's constitutionality.

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