In re Niagara Mohawk Power Corp.

OPINION OF THE COURT

Lawrence E. Kahn, J.

Petitioner seeks an order vacating a restraining notice dated June 27,1984, by respondent as a judgment creditor of Western Beef House, Inc. (Western), as judgment debtor. Western has posted the security deposit with petitioner to ensure payment of its utility bills.

The motion shall be denied. CPLR 5222 recognizes the validity of a restraining notice which has been served upon an entity such as petitioner. In pertinent part, the statute provides that it is effective if petitioner has custody of property in which the judgment debtor has an interest. All…