MATTER OF GAGLIONE v. MAHONEY


306 A.D.2d 279 (2003)

760 N.Y.S.2d 350

In the Matter of MERNA GAGLIONE, Appellant, v. PATRICK A. MAHONEY, Respondent, and SAM'S BARGAIN CENTER, INC., Doing Business as SAM'S B.C. NURSERIES, Respondent.

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

Decided June 2, 2003.


Ordered that the judgment is affirmed, with costs.

The Supreme Court properly denied the petition and dismissed the proceeding. The purpose of CPLR 5203 (b) is to protect a purchaser, creditor, or mortgagee in good faith, or "such persons who would not otherwise have notice of pending levy and Sheriff's sale" (Kazmeroff v Ehlinger, 43 Misc.2d 942, 944 [1964]; see Roma Roofing Co. v Marcotrigiano,

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