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MATTER OF HERTZ v. HERTZ

186 Misc.2d 222 (2000)

717 N.Y.S.2d 497

In the Matter of SHELDON HERTZ, Petitioner, v. DOV HERTZ et al., Respondents.

Supreme Court, Kings County.

October 26, 2000.

Attorney(s) appearing for the Case

Snitow & Cunningham, L. L. P., New York City (Franklyn H. Snitow and Louis L. Nock of counsel), for respondents.

Finder Novick Kerrigan Anderson & Palitz, L. L. P., New York City (Stephen H. Palitz of counsel), for petitioner.

OPINION OF THE COURT

IRA B. HARKAVY, J.

The constitutional issue presented to the court, as to the constitutionality of Domestic Relations Law § 72, is one of first impression in the State of New York.

Respondents move for an order pursuant to CPLR 3211 (a) (3) and (7) dismissing the verified petition in this proceeding on the grounds that the statute upon which the petition is premised, Domestic...

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