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 whether the instant declaratory judgment action is a proper vehicle for testing the constitutionality of CPL 450.10 and 450.15 insofar as they limit a defendant's right to appeal from the denial of CPL 440.10 motion (see, Matter of Morgenthau...
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