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FULTON BANK v. CALL

117 Misc.2d 39 (1982)

Fulton County National Bank & Trust Company, Plaintiff, v. David C. Call et al., Defendants.

Supreme Court, Hamilton County.

October 16, 1982

Attorney(s) appearing for the Case

Theodore E. Hoye, Jr., for Gertrude Call, defendant. Charles E. Drake for Hamilton County Department of Social Services, intervenor. William H. Intemann, Jr., for Marine Midland Bank, defendant.

THOMAS E. MERCURE, J.

This is an application by the defendant, Gertrude Call, for an order confirming the referee's report rendered in this surplus money proceeding.

On October 7, 1981, the premises owned by Gertrude and David Call, as tenants in common, were sold at a foreclosure sale. The sale generated $22,010.45 in surplus moneys. Thereafter, pursuant to RPAPL 1361, this court (CRANGLE, J.), appointed a referee to ascertain and report the...

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