Citation Numbers: 170 Misc. 264
Judges: Schenck
Filed Date: 2/6/1939
Status: Precedential
Modified Date: 1/12/2023
On August 16, 1938, the judgment creditors recovered a judgment against the judgment debtor in the amount of $531.15. On August thirteenth the judgment debtor filed with the Liquor Authority an application for a liquor license for the year commencing October 1, 1938, together with a license fee of $400, which sum was thereafter deposited to the credit of the Comptroller. Thereafter, on September 23, 1938, the judgment creditor instituted supplementary proceedings against the judgment debtor by the issuance of a subpoena directed to the Comptroller as a third party, which contained an injunction forbidding the Comptroller to transfer any property or moneys belonging to the judgment debtor in his possession. On October first the Liquor Authority issued a liquor license to the judgment debtor. The application for such license has not been withdrawn, nor bias the license been surrendered. No receiver has been appointed in the proceeding.
In the circumstances the motion must be denied.
Enter order accordingly. No costs.