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MATTER OF SHELDON v. VERMONTY

36 A.D.3d 619 (2007)

827 N.Y.S.2d 287

In the Matter of DAVID SHELDON, Appellant, v. CARMEN VERMONTY et al., Respondents. SHERIFF OF CITY OF NEW YORK, Nonparty Respondent.

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

Decided January 9, 2007.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The petitioner, a judgment creditor of the respondent Carmen Vermonty, commenced this proceeding pursuant to CPLR 5206 (e) to compel the sale of the residence owned by Vermonty. In a judgment entered June 8, 2005, the Supreme Court, inter alia, directed the Sheriff of the City of New York (hereinafter the Sheriff) to sell the subject property...

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