2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 4 - (401 - R411) SPECIAL PROCEEDINGS
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.