Legal Opinion

In re the Examination in Supplementary Proceedings of Flynn

New York Supreme Court

Decided March 15, 1913Published

Motion under the provisions of section 2433 of the Code of Civil Procedure to vacate an order in supplementary proceedings.

1Opinion of the CourtBenedict, J.

This is a motion made pursuant to the provisions of section 2433 of the Code of Civil Procedure to vacate an order made by Mr. Justice Jaycox and dated on February 11, 1913, in proceedings supplementary to execution, requiring Everett Greene and the Hamilton Trust Company to turn over upon certain conditions to Leander B. Faber, as receiver, certain securities held by them and which the receiver claims to he entitled to as being the property of his judgment debtor.

■ The motion to vacate or modify such an order can properly be made only to the judge who made the order or to this court, being…

2Cases cited9 opinions

  1. Kenney v. South Shore Natural Gas & Fuel Co.New York Court of Appeals · 1911
  2. Rodman v. . HenryNew York Court of Appeals · 1858
  3. Teller v. RandallNew York Supreme Court · 1862
  4. Krone v. KlotzAppellate Division of the Supreme Court of the State of New York · 1896
  5. Maas v. McEntegartAppellate Terms of the Supreme Court of New York · 1897

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