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MATTER OF HOFFMAN v. SENIUK

88 A.D.2d 954 (1982)

In the Matter of Nancy Hoffman, Respondent, v. Michael P. Seniuk, as Sheriff, et al., Respondents, and Benjamin Travitsky, Sued as Milton Traunski, et al., Appellants

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

June 14, 1982

Resettled order affirmed, with $50 costs and disbursements payable to petitioner.

There is no merit to appellants' contention that CPLR 5240 has no application once property is struck off to the highest bidder at an execution sale, even though the deed has not yet been delivered. Appellants misread Guardian Loan Co. v Early (47 N.Y.2d 515, 517), in which the court held that the statute cannot provide relief "once the real...

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