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MATTER OF OLSEN v. UNITED STATES TRUST COMPANY OF NEW YORK

36 A.D.3d 524 (2007)

828 N.Y.S.2d 54

In the Matter of REY OLSEN, Appellant, v. UNITED STATES TRUST COMPANY OF NEW YORK et al., Respondents, et al., Respondents.

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

Decided January 23, 2007.

All the arguments before us could have been raised in the turnover proceeding in which petitioner unsuccessfully sought to intervene. Having abandoned his appeal from denial of leave to intervene there, he cannot properly raise those arguments here (Munn v New York City Hous. Auth., 202 A.D.2d 210, 211 [1994]). Further, the instant proceeding was not timely commenced, having not been brought "[p]rior to the application of property...

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