In re the Estate of Scott

OPINION OF THE COURT

Arnold F. Ciaccio, J.

The question presented is whether this court’s permission is required before the City of Rochester, hereinafter referred to as City, can enforce its in rem judgment of foreclosure on property owned by the deceased and now an asset of the estate.

CPLR 5208 clearly restricts a judgment creditor from enforcing a money judgment against a deceased debtor without first obtaining leave of the Surrogate. The operative language is “[ejxcept where otherwise prescribed by law, after the death of a judgment debtor, an execution upon a money judgment shall not be…