Party Notice: The New York State Commissioner Of Taxation And Finance v. Bank Of America, Joanne Applegate

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                                FILED:         ALBANY        COUNTY         CLERK        07/05/2022             12:07       PM                         INDEX    NO.   905065-22
   NYSCEF     DOC.   NO.   4                                                                                  RECEIVED      NYSCEF:     07/05/2022




                      SUPREME        COURT      OF  THE    STATE     OF  NEW     YORK
                      COUNTY       OF   ALBANY


                      THE   NEW     YORK     STATE     COMMISSIONER            OF
                      TAXATION        AND    FINANCE
                                        Judgment    Creditor-Petitioner                       NOTICE     OF   PETITION

                                                                                              Index  No.:
                               -against-



                      BANK     OF  AMERICA
                                        Garnishee-Respondent
                      and


                      JOANNE      APPLEGATE
                                        Judgment    Debtor




                               PLEASE      TAKE    NOTICE      that upon   the  annexed   Verified   Petition  of the New

                      York   State  Commissioner      of Taxation   and   Finance,   sworn  to on  July  5, 2022;   upon  the

                                                                                                        14d'
                      Restraining   Notice   heretofore   served   upon   Bank   Of  America    on the       day  of January,

                      2022,   pursuant   to CPLR    5222,  the  undersigned    will move    the Supreme     Court  of Albany

                      County,   at the  Submission    Part  thereof,  to be  held  at the Albany   County    Courthouse,    16

                      Eagle   Street, Albany,   New    York,   on  August   26,  2022,  or as  soon  thereafter  as counsel


                      may   be  heard,  for an  order  pursuant   to CPLR    Section   5225(b)   and  5227,  directing   the

                      Garnishee-Respondent        to turn  over  to the New    York   State Department     of Taxation    and

                      Finance   the  sum   of $5,868.02   with   interest plus  additional  penalties   as provided   by  law,

                      from   an  account  being   held  in the name   of, or for  the benefit  of JOANNE       APPLEGATE,

                      the  Judgment    Debtor   herein  and  for  such  other  relief as to the Court   may   seem  just  and

                      proper.




                               PLEASE      TAKE     FURTHER       NOTICE      that demand    is hereby   made   pursuant   to

                      CPLR    section   403(b)  that  the answer   and  supporting    affidavits,  if any, be served   on  the

                      undersigned     at least seven  (7)  days  before  the  date of the  hearing   specified  above.




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   FILED:         ALBANY        COUNTY         CLERK        07/05/2022             12:07       PM                         INDEX    NO.   905065-22
   NYSCEF     DOC.   NO.   4                                                                                  RECEIVED      NYSCEF:     07/05/2022




                               PLEASE     TAKE     FURTHER       NOTICE,      that pursuant   to rules  of the Court,   there

                      will be  no personal   appearance     or oral argument    on  this Petition  unless  the  Court  so

                      requests.




                               Albany   County    is designated   as the  place  of the special  proceeding    as it isthe

                      principal  place  of business   of  Petitioner  and  a place  of business   of Garnishee-


                      Respondent.




                                                                            Amanda     Hiller,  Deputy    Commissioner       and
                                                                            Counsel
                                                                           New    York   State  Department
                                                                            Of Taxation    and  Finance




                      July  5, 2022                                       By:
                                                                            Kileen  C. Davies,    Esq
                                                                            Senior  Attorney
                                                                            W.  A.  Harriman    State Campus
                                                                            Bldg.  9 Room    228

                                                                            Albany,   New   York   12227
                                                                            Phone:   (518)  457-2070
                                                                            Fax:    (518)   435-8548


                      To:


                      BANK     OF  AMERICA
                      33  New   Scotland   Ave.,  Ste.  100

                      Albany,   New    York   12208


                      JOANNE      APPLEGATE
                      398  Reichelt   Rd.,  Apt.  C
                      New   Milford,   NJ  07646-5306




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