Preview
FILED: TOMPKINS COUNTY CLERK 06/30/2022 02:51 PM INDEX NO. EF2021-0605
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/30/2022
Tompkins County Clerk Recording Page
Return To Maureen Reynolds, County Clerk
Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: EXECUTION Receipt Number: 22-336188
Pady1 Pady 2
EATON, LARRY L FIRST NATIONAL BANK OF GROTON
Fees Damages Amt: $1,339.55
Total Fees Paid: $0.00
Total Judgment Amt: $2,665.26
Index #: EF2'021-0605
Refers To
2021-13479
State of New York
County of Tompkins
Filed on June 30th, 2022 at 2:51:29 PM with a
total page count of 5.
Tompkins County Clerk
This sheetconstitutesthe Clerk'sendorsement required by section319 of theReal Property Law ofthe Stateof New York
PM
Do Not Detach
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2022-07269 06/30/2022 02:51:29 PM INDEX NO. EF2021-0605
FILED: TOMPKINS COUNTY CLERK 06/30/2022 02:51 PM
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/30/2022
SUPREME COURT : STATE OF NEW YORK
COUNTY OF TOMPKINS INDEX NO. EF2021-0605
Judgment Creditor(s)
FIRST NATIONAL BANK OF GROTON THE PEOPLE OF THE STATE OF NEW YORK
Judgment Debtor(s) (name and lastknown address) TO THE ENFORCEMENT OFFICER
LARRY L. EATON
The Enforcement Officeris theSheriff Marshall of theCity,
1596 Oakerest Street
or Constable of the Town or Village authorized by law to
Cortland, New York 13045
executions.
enforce income
A judgment was entered inthe within court in favorof theJudgment Creditor(s) and the particularsareas follows:
Court of original
Entry Entry DateOriginal
Amount Amount Due Plus Interest From
Tompkins County Supreme 11/12/21 $2,665.26 $2,665.26 11/12/21
The Judgment was recovered against Larry L. Eaton defendant(s) and transcripted with the Clerk of County on
This execution isissued against Larry L. Eaton whose last known address is 1596 Oakerest Street, Cortland, New York
13045, whose social securitynumber is and who is receivingor willreceive more than$375.00 for each weekly pay period
"Employer"
from the Employer. herein, includes any payor of money to Judgment Debtor.
The Employer's name and address is: Wilbedone, Inc., 1133 NYS Route 222, Cortland, New York 13045
You are directed to satisfythejudgment with interesttogether with your fees and expenses, out of allmonies now and hereafter due
and owing to theJudgment Debtor from theEmployer pursuant to CPLR § 5231.
Directions to Judgment Debtor: You are notified and commanded immediately to startpaying to the Enforcement Officer
serving a copy of thisIncome Execution on you: installments amounting to 10% (butno more than the State or Federal limitssetforth
in L Limitations on the amount that can be withheld, below) of any and allsalary,wages or other income, including any and all
overtime earnings, commissions or otherirregularcompensation received orhereafterto be received from your Employer and to continue
paying such installments untilthe judgment with interestand the feesand expenses of thisIncome Execution are fullypaid and satisfied,
and ifyou failtodo so within 20 days this Income Execution will be served upon theEmployer by the Enforcement Officer.
Directions to the Employer: You are commanded to withhold and pay over tothe Enforcement Officer serving a copy of this
Income Execution on you: installments amounting to 10% (but no more than the Stateor Federal limits set forthin L Limitations on
the amount that can be withheld, below) of any and allsalary, wages or other income, including any and all overtime earnings,
commissions or other irregularcompensation now or hereafterbecoming due to the Judgment Debtor untilthe judgment with interest
and the fees and expenses of thisIncome execution are fullypaid and satisfied.
December 7,2021 ....---
The n sign d m st be printed beneath
RALP W. NASH, ATTC
Attorney(s)forJudgment Creditor(s)
Officeand Post OfficeAddress
115 West Green Street
Ithaca,New York 14850 DEC I 3 2021
(607) 273-5787
Important Statement sydce__uuwo
This Income Execution directs the withholding of up to 10 percent of thejudgme if7lebT61#!rgross . ertaincases,
however, stateor federallaw does not permit the withholding ofthat much ofthe judgment debtor's gross income. The judgment debtor
is referredtoNew York CivilPractice Law and Rules § 5231 and 15 United States Code § 1671 et seq.
L Limitations on the amount that can be withheld
A. An income execution forinstallments from a judgment debtor's gross income cannot exceed (10%) of the judgment debtor's
gross income.
B. Ifa judgment debtor's weekly disposable earnings are lessthan thegreater ofthirty(30) times the currentfederal minimum
wage ($7.25* per or or New York minimum ($12.50* per hour or deduction can
hour, $217.50*) State wage $375.00*) No be made
from the judgment debtor's earnings under thisincome execution.
C. A judgment debtor's weekly disposable earnings cannot be reduced below the amount arrived atby multiplying thirty(30)
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NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/30/2022
($7.25* minimum wage ($12.50*
times the greater ofthe current federalminimum wage per hour, or $217.50*) or the New York State
per hour or $375.00*) under this income execution.
D. Ifdeductions are being made from a judgment debtor's earnings under any order for alimony, support or maintenance for
family members offormer spouses, and those deductions equal or exceed twenty-five percent (25%) of thejudgment debtor's disposable
earnings, no deduction can be made from thejudgment debtor's earnings under thisincome execution.
E. Ifdeductions are being made from a judgment debtor's earnings under any orders for alimony, support or maintenance for
family members or former spouses, and those deductions are lessthan twenty-five percent (25%) of the judgment debtor's disposable
earnings, deductions may be made from the judgment debtor's earnings under thisincome execution. However, the amount arrived at
by adding thedeductions from earnings made under thisexecution to the deductions made from earnings under any orders for alimony,
support or maintenance for family members or former spouses cannot exceed twenty-five percent (25%) of the judgment debtor's
disposable earnings.
NOTE: Nothing inthis notice limits the proportion or amount which may be deducted under any order for alimony, support
or maintenance for family members or former spouses.
II. Explanation of limitations
Definitions
Disposable Earnings - Disposable earnings are thatpartof an individual'searnings leftafter thoseamounts that arerequired
deducting
by law to be withheld (for example, taxes,social security and unemployment insurance,but no deductions for union dues, insurance
plans, etc.).
Gross Income - Gross income issalary,wages or other and allovertime and income
income, including any earnings, commissions,
from before
trusts, any deductions are made from such income.
Illustrations regarding earnings:
Ifdisposable earnings is: Amount topay or deduct from earnings under thisincome execution is:
(a) 30 times
the greaterofthe federal
minimum wage No payment or deductionallowed.
($217.50*
) orthe New York State
minimum wage
($375.00*)or less
(b)More than30 timesthe greaterofthe federal
minimum The lesser of:
the excess over
30 timesthe federalminimum wage
wage $217.50* )or the New YorkState minimum $217.50* )or the New York State
minimum wage in disposable
( ( ($375.00*)
wage ($375.00* and less than
40 times the greater or 10% of gross
of earnings, earnings.
the federal
minimum wage ($290.00*
) or the NewYork
Stateminimum wage ($500.00*)
(c)40 timesthe greaterofthe federal
minimum wage The lesser of: 25% ofdisposableeamings or 10% of grossearnings.
($290.00*)or the New York Stateminimum wage
($500.00*)or more
III. Notice: You may be able to challenge this income execution through the procedures provided in CPLR
§ 5231 (i) and CPLR § 5240.
Ifyou think thatthe amount ofyour income being deducted under thisincome execution exceeds the amount permitted by state
or federal law, you should actpromptly because themoney willbe applied tothe judgment. Ifyou claim that theamount of your income
being deducted under this income execution exceeds the amount permitted by state orfederal law, you should contact your employer or
other person paying your income. Further,YOU MAY CONSULT AN ATTORNEY, INCLUDING LEGAL AID IF YOU QUALIFY.
New York State law provides two procedures through which an income execution can be challenged.
CPLR § 5231 (i)Modification. At any time, the judgment debtor may make a motion to a court for an order an
modifying
income execution.
CPLR § 5240 Modification or protective order: supervision of enforcement. At any time, the judgment debtor may make
a motion to a court for an order denying, limiting,conditioning, regulating, extending or modifying the use of post-judgment
any
enforcement procedure, including theuse of income executions.
* Basedupon$7.25federalminimumwageeffective
July 24, 2009andthe $12.50New York StateminimumwageeffectiveDecember3 1, 2020.
Recalculateandinsencorrectfigureswhen
the minimumwagechanges.
Note: Italicizedlanguageaddedby publisherin accordancewith revisionsto CPLR § 5231(b) effective 1/1/09.
IV. Notice
Pursuant to subdivision(1) ofsectionfifty-two hundred fiveof the CPLR, threethousand dollarsof an account containing direct
deposit or electronicpayments reasonably identifiableas statutorilyexempt payments, as defined in paragraph two ofsubdivision (1)of
section fifty-twohundred fiveof the CPLR, is exempt from execution and thatthe garnishee cannot levy upon orrestrainthree thousand
in such an account.
Pursuant to subdivision (i) ofsection fifty-two hundred twenty-two of the CPLR, an execution shall not apply to an amount
equal to or lessthan ninety percent of the greaterof two hundred forty times the federal minimum hourly wage prescribed inthe Fair
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Labor Standards Act of 1938 ortwo hundred forty times thestate minimum hourly wage prescribed in section sixhundred fifty-twoof
the laborlaw as ineffectat thetime the earnings arepayable, except such partas acourt determines tobe unnecessary forthe reasonable
requirements of the judgment debtor and his or herdependents.
Return (for Sheriff's or Marshal's use only)
O Fully B
satisfied....................................................................................
Unsatisfied
O Partiallysatisfied...............................................................................
$........................................
OBecause I was unable to find the Garnishee (the Employer) within my jurisdiction Ireturned thisIncome Execution to Judgment
Creditor's Attorney on..................................................................................................................................................................................
OMarshal. City of......................................................................
Date and time received: /3/2| g/. " ESheriff. of....Cef.tM.d...............................................
|)/ County
OConstable ofthe O Town O Village of..............................
Sheriff's Office
Cortland County
54 Greenbush Street
Cortland, NY 13045
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2022-07269 INDEX NO. EF2021-0605
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NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/30/2022
County of Cortland
Mark E. Helms
Sheriff Office of the
Budd W. Rigg SHERIFF
Undersheriff
CIVIL DIVISION EMERGENCY
Joyce L. Smith DIAL 911
Confidential Secretary * 54 Greenbush Street
Public Safety Building
New York
Cortland, 13045
Phone: (607) 758-6150Fax: (607) 428-5401
Return of Income/Property Execution
June 23, 2022
Crossmore Law Office
115 West Green Street
Ithaca, NY 14850
Re: FirstNational Bank of Groton vs. Larry L. Eaton
Sheriffs # 21001570
Court Index # EF2021-0605
Satisfied XX Principal Sent to You: $0.00
PartiallySatisfied 2C$_Interest Sent to You: $ $0.00
XX Unsatisfied Current Balance: $3,051.79
__Interest Balance: $147.21
Received on 12/13/2021
Reason for Return
XX No longer employed
Per your request
Filed Bankruptcy on
Employed out ofour County
Statutory time expired
Other
In reference to the above captioned case, be advised that thisofficehas returned the Income Execution/Property
Execution unsatisfied to the respective Clerk's office.If applicable,
to satisfythisexecution, you are required to filea
Judgment"
"Satisfaction of signed by the Plaintiff
with the respective Clerk's office.Also eradicate Social Security
Numbers as per legislationof January 3, 2009, under General Business section 8376.
Respectfully,
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Preview
FILED: TOMPKINS COUNTY CLERK 06/30/2022 02:51 PM INDEX NO. EF2021-0605 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/30/2022 Tompkins County Clerk Recording Page Return To Maureen Reynolds, County Clerk Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: EXECUTION Receipt Number: 22-336188 Pady1 Pady 2 EATON, LARRY L FIRST NATIONAL BANK OF GROTON Fees Damages Amt: $1,339.55 Total Fees Paid: $0.00 Total Judgment Amt: $2,665.26 Index #: EF2'021-0605 Refers To 2021-13479 State of New York County of Tompkins Filed on June 30th, 2022 at 2:51:29 PM with a total page count of 5. Tompkins County Clerk This sheetconstitutesthe Clerk'sendorsement required by section319 of theReal Property Law ofthe Stateof New York PM Do Not Detach 1 of 5 2022-07269 06/30/2022 02:51:29 PM INDEX NO. EF2021-0605 FILED: TOMPKINS COUNTY CLERK 06/30/2022 02:51 PM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/30/2022 SUPREME COURT : STATE OF NEW YORK COUNTY OF TOMPKINS INDEX NO. EF2021-0605 Judgment Creditor(s) FIRST NATIONAL BANK OF GROTON THE PEOPLE OF THE STATE OF NEW YORK Judgment Debtor(s) (name and lastknown address) TO THE ENFORCEMENT OFFICER LARRY L. EATON The Enforcement Officeris theSheriff Marshall of theCity, 1596 Oakerest Street or Constable of the Town or Village authorized by law to Cortland, New York 13045 executions. enforce income A judgment was entered inthe within court in favorof theJudgment Creditor(s) and the particularsareas follows: Court of original Entry Entry DateOriginal Amount Amount Due Plus Interest From Tompkins County Supreme 11/12/21 $2,665.26 $2,665.26 11/12/21 The Judgment was recovered against Larry L. Eaton defendant(s) and transcripted with the Clerk of County on This execution isissued against Larry L. Eaton whose last known address is 1596 Oakerest Street, Cortland, New York 13045, whose social securitynumber is and who is receivingor willreceive more than$375.00 for each weekly pay period "Employer" from the Employer. herein, includes any payor of money to Judgment Debtor. The Employer's name and address is: Wilbedone, Inc., 1133 NYS Route 222, Cortland, New York 13045 You are directed to satisfythejudgment with interesttogether with your fees and expenses, out of allmonies now and hereafter due and owing to theJudgment Debtor from theEmployer pursuant to CPLR § 5231. Directions to Judgment Debtor: You are notified and commanded immediately to startpaying to the Enforcement Officer serving a copy of thisIncome Execution on you: installments amounting to 10% (butno more than the State or Federal limitssetforth in L Limitations on the amount that can be withheld, below) of any and allsalary,wages or other income, including any and all overtime earnings, commissions or otherirregularcompensation received orhereafterto be received from your Employer and to continue paying such installments untilthe judgment with interestand the feesand expenses of thisIncome Execution are fullypaid and satisfied, and ifyou failtodo so within 20 days this Income Execution will be served upon theEmployer by the Enforcement Officer. Directions to the Employer: You are commanded to withhold and pay over tothe Enforcement Officer serving a copy of this Income Execution on you: installments amounting to 10% (but no more than the Stateor Federal limits set forthin L Limitations on the amount that can be withheld, below) of any and allsalary, wages or other income, including any and all overtime earnings, commissions or other irregularcompensation now or hereafterbecoming due to the Judgment Debtor untilthe judgment with interest and the fees and expenses of thisIncome execution are fullypaid and satisfied. December 7,2021 ....--- The n sign d m st be printed beneath RALP W. NASH, ATTC Attorney(s)forJudgment Creditor(s) Officeand Post OfficeAddress 115 West Green Street Ithaca,New York 14850 DEC I 3 2021 (607) 273-5787 Important Statement sydce__uuwo This Income Execution directs the withholding of up to 10 percent of thejudgme if7lebT61#!rgross . ertaincases, however, stateor federallaw does not permit the withholding ofthat much ofthe judgment debtor's gross income. The judgment debtor is referredtoNew York CivilPractice Law and Rules § 5231 and 15 United States Code § 1671 et seq. L Limitations on the amount that can be withheld A. An income execution forinstallments from a judgment debtor's gross income cannot exceed (10%) of the judgment debtor's gross income. B. Ifa judgment debtor's weekly disposable earnings are lessthan thegreater ofthirty(30) times the currentfederal minimum wage ($7.25* per or or New York minimum ($12.50* per hour or deduction can hour, $217.50*) State wage $375.00*) No be made from the judgment debtor's earnings under thisincome execution. C. A judgment debtor's weekly disposable earnings cannot be reduced below the amount arrived atby multiplying thirty(30) 2 of 5 2022-07269 INDEX NO. EF2021-0605 FILED: TOMPKINS COUNTY CLERK 06/30/2022 02:51 PM I NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/30/2022 ($7.25* minimum wage ($12.50* times the greater ofthe current federalminimum wage per hour, or $217.50*) or the New York State per hour or $375.00*) under this income execution. D. Ifdeductions are being made from a judgment debtor's earnings under any order for alimony, support or maintenance for family members offormer spouses, and those deductions equal or exceed twenty-five percent (25%) of thejudgment debtor's disposable earnings, no deduction can be made from thejudgment debtor's earnings under thisincome execution. E. Ifdeductions are being made from a judgment debtor's earnings under any orders for alimony, support or maintenance for family members or former spouses, and those deductions are lessthan twenty-five percent (25%) of the judgment debtor's disposable earnings, deductions may be made from the judgment debtor's earnings under thisincome execution. However, the amount arrived at by adding thedeductions from earnings made under thisexecution to the deductions made from earnings under any orders for alimony, support or maintenance for family members or former spouses cannot exceed twenty-five percent (25%) of the judgment debtor's disposable earnings. NOTE: Nothing inthis notice limits the proportion or amount which may be deducted under any order for alimony, support or maintenance for family members or former spouses. II. Explanation of limitations Definitions Disposable Earnings - Disposable earnings are thatpartof an individual'searnings leftafter thoseamounts that arerequired deducting by law to be withheld (for example, taxes,social security and unemployment insurance,but no deductions for union dues, insurance plans, etc.). Gross Income - Gross income issalary,wages or other and allovertime and income income, including any earnings, commissions, from before trusts, any deductions are made from such income. Illustrations regarding earnings: Ifdisposable earnings is: Amount topay or deduct from earnings under thisincome execution is: (a) 30 times the greaterofthe federal minimum wage No payment or deductionallowed. ($217.50* ) orthe New York State minimum wage ($375.00*)or less (b)More than30 timesthe greaterofthe federal minimum The lesser of: the excess over 30 timesthe federalminimum wage wage $217.50* )or the New YorkState minimum $217.50* )or the New York State minimum wage in disposable ( ( ($375.00*) wage ($375.00* and less than 40 times the greater or 10% of gross of earnings, earnings. the federal minimum wage ($290.00* ) or the NewYork Stateminimum wage ($500.00*) (c)40 timesthe greaterofthe federal minimum wage The lesser of: 25% ofdisposableeamings or 10% of grossearnings. ($290.00*)or the New York Stateminimum wage ($500.00*)or more III. Notice: You may be able to challenge this income execution through the procedures provided in CPLR § 5231 (i) and CPLR § 5240. Ifyou think thatthe amount ofyour income being deducted under thisincome execution exceeds the amount permitted by state or federal law, you should actpromptly because themoney willbe applied tothe judgment. Ifyou claim that theamount of your income being deducted under this income execution exceeds the amount permitted by state orfederal law, you should contact your employer or other person paying your income. Further,YOU MAY CONSULT AN ATTORNEY, INCLUDING LEGAL AID IF YOU QUALIFY. New York State law provides two procedures through which an income execution can be challenged. CPLR § 5231 (i)Modification. At any time, the judgment debtor may make a motion to a court for an order an modifying income execution. CPLR § 5240 Modification or protective order: supervision of enforcement. At any time, the judgment debtor may make a motion to a court for an order denying, limiting,conditioning, regulating, extending or modifying the use of post-judgment any enforcement procedure, including theuse of income executions. * Basedupon$7.25federalminimumwageeffective July 24, 2009andthe $12.50New York StateminimumwageeffectiveDecember3 1, 2020. Recalculateandinsencorrectfigureswhen the minimumwagechanges. Note: Italicizedlanguageaddedby publisherin accordancewith revisionsto CPLR § 5231(b) effective 1/1/09. IV. Notice Pursuant to subdivision(1) ofsectionfifty-two hundred fiveof the CPLR, threethousand dollarsof an account containing direct deposit or electronicpayments reasonably identifiableas statutorilyexempt payments, as defined in paragraph two ofsubdivision (1)of section fifty-twohundred fiveof the CPLR, is exempt from execution and thatthe garnishee cannot levy upon orrestrainthree thousand in such an account. Pursuant to subdivision (i) ofsection fifty-two hundred twenty-two of the CPLR, an execution shall not apply to an amount equal to or lessthan ninety percent of the greaterof two hundred forty times the federal minimum hourly wage prescribed inthe Fair 3 of 5 2022-07269 INDEX NO. EF2021-0605 FILED: TOMPKINS COUNTY CLERK 06/30/2022 02:51 PM . NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/30/2022 Labor Standards Act of 1938 ortwo hundred forty times thestate minimum hourly wage prescribed in section sixhundred fifty-twoof the laborlaw as ineffectat thetime the earnings arepayable, except such partas acourt determines tobe unnecessary forthe reasonable requirements of the judgment debtor and his or herdependents. Return (for Sheriff's or Marshal's use only) O Fully B satisfied.................................................................................... Unsatisfied O Partiallysatisfied............................................................................... $........................................ OBecause I was unable to find the Garnishee (the Employer) within my jurisdiction Ireturned thisIncome Execution to Judgment Creditor's Attorney on.................................................................................................................................................................................. OMarshal. City of...................................................................... Date and time received: /3/2| g/. " ESheriff. of....Cef.tM.d............................................... |)/ County OConstable ofthe O Town O Village of.............................. Sheriff's Office Cortland County 54 Greenbush Street Cortland, NY 13045 4 of 5 2022-07269 INDEX NO. EF2021-0605 FILED: TOMPKINS COUNTY CLERK 06/30/2022 02:51 PM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/30/2022 County of Cortland Mark E. Helms Sheriff Office of the Budd W. Rigg SHERIFF Undersheriff CIVIL DIVISION EMERGENCY Joyce L. Smith DIAL 911 Confidential Secretary * 54 Greenbush Street Public Safety Building New York Cortland, 13045 Phone: (607) 758-6150Fax: (607) 428-5401 Return of Income/Property Execution June 23, 2022 Crossmore Law Office 115 West Green Street Ithaca, NY 14850 Re: FirstNational Bank of Groton vs. Larry L. Eaton Sheriffs # 21001570 Court Index # EF2021-0605 Satisfied XX Principal Sent to You: $0.00 PartiallySatisfied 2C$_Interest Sent to You: $ $0.00 XX Unsatisfied Current Balance: $3,051.79 __Interest Balance: $147.21 Received on 12/13/2021 Reason for Return XX No longer employed Per your request Filed Bankruptcy on Employed out ofour County Statutory time expired Other In reference to the above captioned case, be advised that thisofficehas returned the Income Execution/Property Execution unsatisfied to the respective Clerk's office.If applicable, to satisfythisexecution, you are required to filea Judgment" "Satisfaction of signed by the Plaintiff with the respective Clerk's office.Also eradicate Social Security Numbers as per legislationof January 3, 2009, under General Business section 8376. Respectfully, 5 of 5