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MATTER OF O'BRIEN v. SPITZER

24 A.D.3d 9 (2005)

802 N.Y.S.2d 737

In the Matter of STEPHEN L. O'BRIEN, Respondent, v. ELIOT SPITZER, as Attorney General of the State of New York, Appellant.

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

October 17, 2005.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Michael S. Belohlavek and David Lawrence III of counsel), appellant pro se.

O'Brien & O'Brien, LLP, Nesconset (Stephen L. O'Brien pro se, Daniel P. O'Brien, and John Denby of counsel), for respondent.

H. MILLER, J.P., COZIER and GOLDSTEIN, JJ., concur.

OPINION OF THE COURT

SKELOS, J.

The petitioner was appointed the referee in a mortgage foreclosure action and pursuant to the judgment of foreclosure and sale of the Supreme Court, Suffolk County, conducted a public auction and sold the property in foreclosure. Thereafter, a federal civil rights action was commenced in the United States District Court for the Eastern District of New York against, among others...

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