In re the Estate of Casey

A. Franklin Mahoney, S.

This proceeding was initiated by the issuance of a show cause order dated June 9,1965, directed to Donald M. Borth, attorney for a judgment creditor wherein the relief sought on behalf of the administratrix of the estate of John J. Casey, Jr., is to vacate and set aside a certain restraining notice issued by the attorney for the judgment creditor pursuant to CPLR 5222. On the return date of the show cause order attorney Borth filed an affidavit in opposition to the demanded relief wherein he alleges that this court is without authority to set aside and vacate the…