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McNally v. McNally

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 10, 2021
192 A.D.3d 788 (N.Y. App. Div. 2021)

Opinion

2017–02455 2017–02909 Index No. 20701/01

03-10-2021

Patricia MCNALLY, appellant, v. Edward MCNALLY, respondent.

Patricia McNally, Huntington Station, NY, appellant pro se. Laura C. Golightly, Hauppauge, NY, for respondent.


Patricia McNally, Huntington Station, NY, appellant pro se.

Laura C. Golightly, Hauppauge, NY, for respondent.

WILLIAM F. MASTRO, A.P.J., REINALDO E. RIVERA, ROBERT J. MILLER, COLLEEN D. DUFFY, JJ.

DECISION & ORDER

In a matrimonial action in which the parties were divorced by judgment entered November 15, 2005, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (Carol Mackenzie, J.), dated February 1, 2017, and (2) an amended order of the same court, also dated February 1, 2017. The order and the amended order denied the plaintiff's motion pursuant to CPLR 5203(b) for an extension of the real property liens of two money judgments dated January 3, 2007, and July 31, 2007, respectively.

ORDERED that the appeal from the order is dismissed, without costs or disbursements, as that order was superseded by the amended order; and it is further,

ORDERED that the amended order is affirmed, without costs or disbursements.

The Supreme Court properly denied the plaintiff's motion pursuant to CPLR 5203(b) to extend liens against the defendant's real property resulting from two separate judgments dated January 3, 2007, and July 31, 2007, respectively. The plaintiff neither complied with the service requirements of the statute nor demonstrated the existence of any stay of enforcement that would warrant an extension of the liens ( see CPLR 5203[b] ).

MASTRO, A.P.J., RIVERA, MILLER and DUFFY, JJ., concur.


Summaries of

McNally v. McNally

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 10, 2021
192 A.D.3d 788 (N.Y. App. Div. 2021)
Case details for

McNally v. McNally

Case Details

Full title:Patricia McNally, appellant, v. Edward McNally, respondent.

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Mar 10, 2021

Citations

192 A.D.3d 788 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 1406
139 N.Y.S.3d 858