Although denominated in the caption as a notice of motion, the plaintiff and judgment creditor has initiated a special proceeding pursuant to CPLR 5221 (a) (4) to compel the Saratoga County Sheriff (Sheriff) to conduct a sale of certain real property allegedly owned by the defendant and judgment debtor. Since the Sheriff has appeared and interposed an answer to this application, the court will overlook the defects in form in the...
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