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MAY v. FINNERTY

104 Misc.2d 450 (1980)

Tillie A. May, Petitioner, v. John P. Finnerty, as Suffolk County Sheriff, et al., Respondents.

Supreme Court, Special Term, Suffolk County.

May 5, 1980.

Attorney(s) appearing for the Case

Edward S. Raskin for petitioner. David J. Gilmartin, County Attorney, for John P. Finnerty, respondent. Joseph D. Stim for Charles Solomon, respondent.

JOHN G. McCARTHY, J.

Petitioner's special proceeding for relief, pursuant to CPLR article 78, and respondents' motion to dismiss the petition, pursuant to CPLR 7804 (subd [f]), are consolidated for the purposes of this decision.

In the proceeding the petitioner seeks an order (judgment) which would direct the respondent, John P. Finnerty, the Suffolk County Sheriff, to conduct a sale of certain real

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