Smith v. Bowen

OPINION OF THE COURT

Loren N. Brown, J.

This proceeding has been commenced pursuant to CPLR article 78 to compel the respondent to perform his duties as Sheriff of the County of Saratoga. The proceeding was commenced by an order to show cause but without a verified petition.

The petitioner was granted an order by the Family Court for the County of Albany directing the entry of a judgment against her husband for arrears for child support. The order recited that the support provisions could be enforced pursuant to CPLR 5241 and 5242. The petitioner’s attorney prepared an income execution by…