Appellate Division of the Supreme Court of New York, 1989

Zerbinos v. Tucker

Zerbinos v. Tucker
Appellate Division of the Supreme Court of New York · Decided December 20, 1989
156 A.D.2d 957; 550 N.Y.S.2d 865; 1989 N.Y. App. Div. LEXIS 16113
Zerbinos v. Tucker

Opinion of the Court

Appeal unanimously dismissed with costs. Memorandum: Appellant’s purchase offer for the property was never accepted; consequently, he lacks standing to appeal the Family Court’s order directing its sale by public *958auction (CPLR 5511). Were there standing, we would find no abuse of discretion in the Family Court’s directive to sell the sequestered property by public auction pursuant to RPAPL 231. We further find that Family Court correctly granted Receiver Bergan’s motion to intervene (see, CPLR 1012 [a] [3]; Family Ct Act § 165). (Appeal from order of Onondaga County Family Court, McLaughlin, J. — authorization for private sale.) Present — Dillon, P. J., Callahan, Denman, Green and Lawton, JJ.

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