MENNELLA v. LOPEZ-TORRES


229 A.D.2d 153 (1997)

655 N.Y.S.2d 604

In the Matter of Anthony Mennella, Appellant, v. Margarita Lopez-Torres et al., Respondents

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

March 31, 1997


Attorney(s) appearing for the Case

Meryl L. Wenig, Brooklyn, for appellant.

Dennis C. Vacco, Attorney-General, New York City (Carolyn Cairns Olson of counsel), for Margarita Lopez-Torres and another, respondents.

PIZZUTO, J. P., ALTMAN and GOLDSTEIN, JJ., concur.


McGINITY, J.

In this proceeding pursuant to CPLR article 78 for relief in the nature of mandamus, the petitioner seeks to compel the respondents, a Judge of the Civil Court of the City of New York, County of Kings, and the Chief Clerk of the Civil Court, to allow execution of a warrant of eviction without conditioning it upon the expiration of five days from service of judgment upon the tenant by regular mail...

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