Legal Opinion

Kappen v. D'Elia

Appellate Division of the Supreme Court of the State of New York

Decided October 12, 1993PublishedCited by 3 opinions

1Opinion of the Court

—In a proceeding pursuant to CPLR article 78 to direct the Commissioner of the Nassau County Department of Social Services to execute a waiver of mortgage lien securing an unenforceable debt, the Commissioner appeals from a judgment of the Supreme Court, Nassau County (Winnick, J.), entered June 4, 1991, which, inter alia, converted a deed dated April 14, 1960, into a mortgage and canceled it, and canceled a mortgage dated April 14, 1960.

Ordered that the judgment is affirmed, without costs or disbursements.

Contrary to the appellant’s contention, he did not have a viable claim for the recovery…

2Cases cited5 opinions

  1. Baker v. SterlingNew York Court of Appeals · 1976
  2. In re the Estate of ColonNew York Surrogate's Court · 1975
  3. Flowers v. PeralesAppellate Division of the Supreme Court of the State of New York · 1988
  4. Gower v. WeinbergAppellate Division of the Supreme Court of the State of New York · 1992
  5. In re the Estate of HermanNew York Surrogate's Court · 1964

3Cited by3 opinions

  1. Link v. Town of SmithtownNew York Supreme Court · 1994
  2. In re the Estate of BustamanteAppellate Division of the Supreme Court of the State of New York · 1998
  3. In re the Estate of BustamanteNew York Surrogate's Court · 1997

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