In re Luciano — 146 N.Y.S. 1098

Majority

p. 1098

In re LUCIANO.

(Supreme Court, Appellate Division, Second Department.

March 13, 1914.)

Headnote

Appeal from Westchester County Court. In the matter of the examination of Stafano Luciano, judgment debtor, in proceedings supplementary to execution. From an order of the County Court of Westchester County, Cornell Bros., judgment creditors, appeal.

Reversed.

Holmes Jones, of Tuekahoe, for appellants.

Clark, Close & Davis, of White Plains, for respondent.

We are of opinion that the affidavit upon which the order in supplementary proceedings was based was sufficient. See Jaques v. Willett (City Ct.) 104 N. Y. Supp. 500 , and Sherl v. Kurzman, 60 Misc. Rep. 332 , 113 N. Y. Supp 288 . The order appealed from is reversed, with $10 costs and disbursements, and the matter is remitted to the County Court of Westchester County for further proceeding.

Cases cited

Sherl v. Kurzman 60 Misc. Rep. 332 N.Y. City Ct. p. 1098