Opinion
July 11, 1986
Appeal from the Supreme Court, Cattaraugus County, Horey, J.
Present — Dillon, P.J., Boomer, Green, Pine and Lawton, JJ.
Order unanimously reversed, on the law, without costs, and motion denied. Memorandum: Special Term erred in determining sua sponte the constitutionality of Uniform Commercial Code §§ 9-503, 9-504 without complying with the mandates of CPLR 1012 (b), which requires a court in such instances to notify the Attorney-General to give him an opportunity to be heard in support of said statute's constitutionality. Special Term's failure to do so precludes this court from passing on this issue (Matter of Jerry v Board of Educ., 44 A.D.2d 198, 203, mod on other grounds 35 N.Y.2d 534).