Sostre v. Wilkins 18 A.D.2d 775

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.