N.Y. CPLR § 404

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 404 Objections in point of law § 404. Objections in point of law. (a) By respondent. The respondentmay raise an objection in point of law by setting it forth in his answeror by a motion to dismiss the petition, made upon notice within the timeallowed for answer. If the motion is denied, the court may permit therespondent to answer, upon such terms as may be just; and unless theorder specifies otherwise, such answer shall be served and filed withinfive days after service of the order with notice of entry; and thepetitioner may re-notice the matter for hearing upon two days' notice,or the respondent may re-notice the matter for hearing upon service ofthe answer upon seven days' notice.(b) By petitioner. The petitioner may raise an objection in point oflaw to new matter contained in the answer by setting it forth in hisreply or by moving to strike such matter on the day the petition isnoticed or re-noticed to be heard.