Herman v. Siegmund

Suozzi, J. P.,

dissents and votes to affirm the order, with the following memorandum: The application to set aside the Sheriff’s sale was treated by Special Term in its memorandum order as an application pursuant to CPLR 5239. Special Term further held that since the application was made after the sale, it was untimely and had to be denied. In reversing the order of *873Special Term and remanding the matter for a determination on the merits, the majority holds that an application pursuant to CPLR 5239 is timely even if made after the Sheriff’s sale provided, as was true in the case at bar, that…