Heilman v. St. Cloud Restaurant, Inc.

This is a motion under section 794 of the Civil Practice Act for a permissive order directed to the Comptroller of the State of New York. The moving party, a judgment creditor of a liquor licensee, mailed from the city of New York a third-party subpoena to the Comptroller of the State of New York at Albany, the subpoena being received by the Comptroller on February 18, 1936.

*16Passing over the question whether such service would be effectual in view of section 27 of the New York City Court Act (as anxd. by Laws of 1933, chap. 597), it appears that on February 18, 1936, there was no property…