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GOULD v. McCUE & McCUE, P. C.

No. 76 Civ. 1906.

417 F.Supp. 988 (1976)

Yvonne GOULD, on her own behalf and on behalf of all others similarly situated, Plaintiff, v. McCUE & McCUE, P. C., Ulster Savings Bank and all other banking organizations similarly situated, Defendants.

United States District Court, S. D. New York.

August 4, 1976.

Attorney(s) appearing for the Case

Mid-Hudson Valley Legal Services Project by Grant W. Kelleher, Robert M. Feinson, Middletown, N. Y., for plaintiff.

McCue & McCue, pro se by Leonard J. McCue, of counsel.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

This is an action challenging the constitutionality on due process grounds of New York's post-judgment garnishment statute (C.P.L.R. § 5222) which authorizes an attorney for a judgment creditor to issue and serve, as an officer of the court, a restraining notice upon a third person holding property of the judgment debtor. Plaintiff, a welfare recipient, is a judgment debtor by virtue of a default judgment...

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