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MATTER OF NIAGARA MOHAWK POWER CORP.

127 Misc.2d 178 (1985)

In the Matter of Niagara Mohawk Power Corporation, Petitioner. Mary M. Iocovozzi, Respondent.

Supreme Court, Special Term, Albany County.

January 15, 1985

Attorney(s) appearing for the Case

Solomon & Solomon, P. C. (J. Kevin McLaughlin of counsel), for plaintiff. Horigan & Horigan (Mary M. Iocovozzi of counsel), respondent pro se.

LAWRENCE E. KAHN, J.

Petitioner seeks an order vacating a restraining notice dated June 27, 1984, by respondent as a judgment creditor of Western Beef House, Inc. (Western), as judgment debtor. Western has posted the security deposit with petitioner to ensure payment of its utility bills.

The motion shall be denied. CPLR 5222 recognizes the validity of a restraining notice which has been served upon an entity such as petitioner. In pertinent part...

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