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IN THE MATTER OF KOPLEN v. AUSTIN

5 A.D.3d 515 (2004)

772 N.Y.S.2d 829

In the Matter of MICHAEL A. KOPLEN, Respondent, v. TIMOTHY A. AUSTIN et al., Respondents, and CAROL VASQUEZ et al., Appellants, and ROCKLAND COUNTY BOARD OF ELECTIONS et al., Respondents.

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

March 11, 2004.

Ordered that the final order is affirmed insofar as appealed from, without costs or disbursements.

Pursuant to CPLR 402, the pleadings in a special proceeding are limited to a petition, an answer, and a reply to any counterclaim asserted. "The court may permit such other pleadings as are authorized in an action upon such terms as it may specify" (CPLR 402). "[A] cross claim is not permitted in a special proceeding without leave of court" (Matter of O'Connor v D...

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