
    Matter of the Supplementary Proceedings, Albert F. Schwarmecke, Judgment Creditor, v. Joseph B. Glenny, Judgment Debtor.
    (Supreme Court, New York Special Term,
    April, 1907.)
    Supplementary proceedings — Procedure in general — Successive proceedings; Termination of proceeding.
    Under the present practice (Code Civ. Pro. § 2454), proceedings supplementary to an execution can only be discontinued or dismissed by an order; and, until the entry of such an order, the pendency of such proceedings is a valid objection to another order for the examination of the judgment debtor and the latter order must be vacated.
    Motion to vacate an order for the examination of a judgment debtor in supplementary proceedings.
    Gilbert D. Steiner, for motion.
    Lucius H. Walds, opposed.
   Giegerich, J.

It is conceded by the attorney for the judgment creditor that no orders have been entered upon the decisions dismissing the two former orders for the judgment debtor’s examination. While the failure to enter such orders may not formerly have been a valid objection to the third order, which is now sought to be vacated on the ground of the pendency of the prior proceedings (Shults v. Andrews, 54 How. Pr. 380), under the present practice (Code Civ. Pro., § 2454) the proceedings can only he discontinued or dismissed by an order. Rothschild v. Gould, 84 App. Div. 196; Riddle & Bullard Supp. Pro. (3d ed.) 172 et seq. Since such orders were not entered new proceedings could not be instituted. Gaylord v. Jones, 7 Hun, 480; Keiher v. Shipherd, 16 Civ. Pro. 183, and cases there cited; Riddle & Bullard Supp. Pro. (3d ed.) 484. The last order obtained for the defendant’s examination must therefore be vacated.

Motion granted, without costs.  