¶1Proceeding pursuant to article 78 of the CPLR inter alia to prohibit respondent, a Judge of the County Court, Nassau County, and other Judges of said court from appointing, in a certain tax sale proceeding pending in said court entitled Harris v. Fishroe Corp., a guardian ad litem to protect the rights of any possible unknown persons who may be infants or incompetents, or who may be in military service, as a condition precedent to the entry of a default judgment in said proceeding, pursuant to pertinent provisions of the Real Property Actions and Proceedings Law (§ 1513) and the Soldiers’ and Sailors’ Civil Relief Act of 1940 (U. S. Code, tit. 50 App., § 520). Proceeding dismissed on the merits, without costs (Interstate Lien Corp. v. Family Sen. Soc. of Buffalo, 274 App. Div. 1026; Syracuse Sav. Bank v. Brown, 181 Misc. 999; Matter of Keutgen, 194 Misc. 815). Martuseello, Acting P. J., Shapiro, Brennan and Benjamin, JJ., concur; Gulotta, J., not voting.
37 A.D.2d 986
Harris v. Gibbons
Appellate Division of the Supreme Court of the State of New York
Decided November 29, 1971
Appellate Division of the Supreme Court of the State of New York · decided 1971-11-29
Cited by 2 later decisions — most recently September 1982
1 federal appellate ·
Relies on Syracuse Savings Bank v. Brown · In re the Probate of the Will of Keutgen
Good law ✅— No negative treatment on recordhow we know
Decided 1971-11-29
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