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MATTER OF SI BANK & TRUST v. SHERIFF OF THE CITY OF NEW YORK

300 A.D.2d 667 (2002)

751 N.Y.S.2d 794

In the Matter of SI BANK & TRUST, Appellant, v. SHERIFF OF THE CITY OF NEW YORK, Respondent.

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

Decided December 30, 2002.

Ordered that the judgment is affirmed, with costs.

Due process requires that one be given notice and an opportunity to be heard before one's interest in property may be adversely affected by judicial process. Enforcement of an execution against one who was not joined as a party to the proceeding would violate due process (see Nationwide Assoc. v Brunne, 216 A.D.2d 547; Gibbs v Kinsey, 170 A.D.2d 1049...

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