SI Bank & Trust v. Sheriff

—In a proceeding pursuant to CPLR article 78 to review a determination of the Sheriff of the City of New York refusing to comply with a foreclosure execution, the petitioner appeals from a judgment of the Supreme Court, Richmond County (Sangiorgio, J.), dated March 15, 2002, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Due process requires that one be given notice and an opportunity to be heard before one’s interest in property may be adversely affected by judicial process. Enforcement of an execution against one who was not joined…