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NYS TAX COMM'N v. RITTER

101 Misc.2d 606 (1979)

New York State Tax Commission, Petitioner, v. David Ritter, as District Attorney of Orange County, et al., Respondents.

Supreme Court, Orange County.

October 30, 1979.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Gerry E. Feinberg of counsel), for petitioner. David Ritter, District Attorney, respondent pro se. James G. Sweeney, County Attorney, for Raymond C. Schwartz, Orange County Treasurer, respondent.

JOHN W. SWEENY, J.

The New York State Tax Commission, as judgment creditor, claims a tax lien of $51,687.50 against one Marshall B. Young, Jr., and seeks an order pursuant to CPLR 5225 (subd [b]) directing the respondents to turn over approximately $51,000 seized when Mr. Young was arrested in August, 1973. By cross application, the respondents seek an order declaring the county's superior right to the currency in question (CPLR 5239).

Mr. Young...

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