Jefferds v. Ellis

122 A.D.2d 595 | N.Y. App. Div. | 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. Special Term’s failure to do so precludes this court from passing on this issue (Matter of Jerry v Board of Educ., 44 AD2d 198, 203, mod on other grounds 35 NY2d 534). (Appeal from order of Supreme Court, Cattaraugus County, Horey, J. —replevin.) Present — Dillon, P. J., Boomer, Green, Pine and Lawton, JJ. [See, 127 Misc 2d 477.]