Sostre v. Wilkins , 1962 N.Y. App. Div. LEXIS 6532 ( 1962 )

Order unanimously reversed and matter remitted to Erie Special Term for a hearing in accordance with the memorandum. Memorandum: The petitioner was entitled to a hearing of the issues presented by the pleadings. (Appeal from order of the Erie Special Term denying petitioner’s application and dismissing the petition, without a hearing.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.