Oysterman's Bank & Trust Co. v. Weeks

*581Martuscello, Latham and Brennan, JJ., concur; Hopkins, Acting P. J., concurs solely on the ground that appellant was without standing to bring this proceeding. Benjamin, J., dissents and votes to affirm the order, with the following memorandum: I .think respondent had standing to seek this stay and was entitled to it under CPLR 5208. That section provides that no enforcement procedure shall be undertaken against a judgment debtor’s property after his death, except upon leave of the Surrogate’s Court which *582granted letters testamentary or letters of administration upon his estate; it further…