McGuire v. Hudson — 41 N.Y. St. Rep. 295

Majority

p. 295

Joseph McGuire, Resp’t, v. John H. Hudson, App’lt.

(Supreme Court, General Term, First Department,

Filed November 13, 1891.)

Headnote

Supplementary proceedings—Limitation.

The time within which an order for the examination of a judgment debtor in supplementary proceedings can be obtained is limited to ten years from the return of an execution unsatisfied.

Appeal from order denying motion to vacate order for examination of a judgment debtor.

John Vincent, for app’lt; Joseph Steinert, for resp’t.

It was held in Conyngham v. Duffy, 125 N. Y., 200 ; 34 St. Rep., 736 , that the time within which an order for the examination of a judgment debtor in supplementary proceedings could be obtained is ten years from the return of an execution unsatisfied even though the right accrued before the Code of Civil Procedure was enacted.

As it does not appear from the affidavit upon which the order for the examination of the judgment debtor in his proceeding was granted that the execution upon the judgment had been returned within ten years from the time of the granting of the order for such examination, Conyngham v. Duffy, supra, applies and the-order for the examination should have been vacated.

Order appealed from reversed,, with ten dollars costs and disbursements of this appeal, and motion granted.

Van Brunt, P. J., Daniels and Ingraham, JJ., concur.