McCAHEY v. L.P. INVESTORS

No. 1126, Docket 85-7111.

774 F.2d 543 (1985)

Cynthia McCAHEY, Plaintiff-Appellant, v. L.P. INVESTORS, Allen M. Rosenthal, Affiliated Credit Adjusters, Sheriff of Suffolk County, Suffolk County Clerk, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 30, 1985.


Attorney(s) appearing for the Case

Steven Racow, Bay Shore, N.Y. (Leonard S. Clark, Nassau/Suffolk Law Services Committee, Inc., Bay Shore, N.Y., of counsel) for plaintiff-appellant.

James L. Fischer, New York City (Thomas W. Hyland, Edward A. Taylor, Wilson, Elser, Moskowitz, Edelman & Dicker, New York City, of counsel) for defendant-appellee Allen M. Rosenthal.

Peter L. Contini, Garden City, N.Y. (L'Abbate & Balkan, Garden City, N.Y., of counsel) for defendant-appellee Affiliated Credit Adjusters.

Martin Bradley Ashare, Suffolk Co. Atty., Happauge, N.Y. (Derrick J. Robinson, Asst. Co. Atty., Happauge, N.Y., of counsel) for defendant-appellee Sheriff of Suffolk County, Suffolk County Clerk.

Before MESKILL, KEARSE and WINTER, Circuit Judges.


WINTER, Circuit Judge:

The plaintiff, Cynthia McCahey, appeals from Judge Platt's dismissal of her complaint for failure to state a claim, Fed.R.Civ.P. 12(b)(6). McCahey seeks injunctive, declaratory, and monetary relief on the grounds that New York's post-judgment remedies deprived her of property without due process. We affirm.

BACKGROUND

1. The Underlying Dispute

Because the complaint was dismissed for failure to state a claim...

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