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FIRST FED. SAV v. BROWN

78 A.D.2d 119 (1980)

First Federal Savings and Loan Association of Rochester, Formerly Fair City Savings & Loan Association of Syracuse, Plaintiff, v. Robert N. Brown et al., Defendants, Barbara B. Brown, Respondent, and Virginia M. Dellinger, Doing Business as Dellinger Art and Antiques, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 23, 1980

Attorney(s) appearing for the Case

Harold F. Simons for appellant.

Smith, Sovik, Kendrick, McAuliffe & Schwarzer, P. C. (Kevin R. McAuliffe of counsel), for respondent.

DILLON, P. J., SIMONS, HANCOCK, JR. and MOULE, JJ., concur.

CALLAHAN, J.

We are again called upon to resolve a dispute concerning the homestead exemption under CPLR 5206 (subd [a]). Both parties rely upon our pronouncement in Wyoming County Bank & Trust Co. v Kiley (75 A.D.2d 477) and utilize language therefrom in support of their respective positions. On this appeal, we are confronted with competing claims to surplus moneys from a foreclosure proceeding by the bankrupt...

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