Assets America, Inc. v. Backert

*851In a proceeding pursuant to CPLR 5206 (e) to compel the sale of real property constituting the homestead of a judgment debtor prior to his death, Alisa J. Backert appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (Parga, J.), entered October 18, 2004, which granted the petition and denied her cross application to dismiss the proceeding.

Ordered that the order and judgment is reversed, on the law, with costs, the cross application is granted, the petition is denied and the proceeding is dismissed.

The petitioner is the assignee of a money judgment against…