Opinion
May 13, 1985
Appeal from the Supreme Court, Westchester County (Isseks, J.).
Judgment affirmed, with costs.
The judgment appealed from denied petitioner's application as premature because it had not been determined whether the judgment debtor had an interest in the escrow funds. Based on the facts as they existed at the time the judgment was made, we agree with Special Term that the application for the direction to turn over the funds was premature. Mangano, J.P., Gibbons, Niehoff and Lawrence, JJ., concur.