N.Y. Civil Practice Law & Rules § 404: Objections in point of law

§ 404. Objections in point of law. (a) By respondent. The respondent

may raise an objection in point of law by setting it forth in his answer

or by a motion to dismiss the petition, made upon notice within the time

allowed for answer. If the motion is denied, the court may permit the

respondent to answer, upon such terms as may be just; and unless the

order specifies otherwise, such answer shall be served and filed within

five days after service of the order with notice of entry; and the

petitioner may re-notice the matter for hearing upon two days' notice,

or the respondent may re-notice the matter for hearing upon service of

the answer upon seven days' notice.

(b) By petitioner. The petitioner may raise an objection in point of

law to new matter contained in the answer by setting it forth in his

reply or by moving to strike such matter on the day the petition is

noticed or re-noticed to be heard.