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McCAHEY v. L.P. INVESTORS

No. CV 84-0928.

593 F.Supp. 319 (1984)

Cynthia McCAHEY, Plaintiff, v. L.P. INVESTORS; Allen M. Rosenthal; Affiliated Credit Adjusters; Sheriff of Suffolk County; and Suffolk County Clerk, Defendants.

United States District Court, E.D. New York.

September 4, 1984.

Attorney(s) appearing for the Case

Nassau/Suffolk Law Services Center Inc., Steven Racow, Bay Shore, N.Y., for plaintiff.

Wilson, Elser, Edelman & Dicker, (Thomas W. Hyland, Edward A. Taylor, of counsel) New York City, for defendant Allen M. Rosenthal.

Gerald Dandeneau, Melville, N.Y., for defendants L.P. Investors and Affiliated Credit Adjusters.

John P. Finnerty, Suffolk County Atty., Hauppauge, N.Y., for defendants Sheriff & County Clerk of Suffolk County.

MEMORANDUM AND ORDER

PLATT, District Judge.

The plaintiff, Cynthia McCahey, has brought this action seeking declaratory, injunctive and compensatory relief. She maintains that the New York State procedures for post-judgment restraint, execution and levy, as set forth in amended New York Civil Practice Law and Rules sections 5222; 5230 and 5232, N.Y.C.P.L.R. §§ 5222, 5230, 5232 (McKinney Supp.1983), violate the Due Process Clause of the Fourteenth...

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