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TRIFIRO v. HERNANDEZ

172 A.D.2d 515 (1991)

Salvatore Trifiro, Respondent, v. Octavio Hernandez, Appellant

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

April 1, 1991

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that, although the notice of sale was required to be served on the judgment debtor in accordance with CPLR 308 (see, CPLR 5236 [c]), the filing requirements for proof of service of process where such service is effectuated pursuant to CPLR 308 (2) or (4) do not apply to service of notices of sale and do not affect the validity of the sale (see, CPLR 2003, 5236 [c]; cf...

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