Preview
FILED: LIVINGSTON COUNTY CLERK 05/03/2022 09:28 AM INDEX NO. 000394-2019
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/03/2022
Andrea K. Bailey, County Clerk
Livingston County Government Center
Weeñ 6 Court Street, Room 201
Geneseo, New York 14454
243-7010 ~ Fax 243-7928
(585) (585)
Livingston County Clerk Recording Page
Received From: Return To:
LIVINGSTON COUNTY SHERIFFS OFFICE
Document Type: SATISFACTION OF JUDGMENT - PARTIAL Receipt Number: 00731036
Recorded Information:
State of New York
County of Livingston
Related Judgment: BK 0023 PG 0294
Recorded on the 3rd date of May, 2022 at09:
Total Fees: $0.00 28:46 AM
Livingston County Clerk
Thissheet constitutesthe Clerk'sendorsement requiredby section 319 of theReal Property Law of theStateof New York
8 05/03/202209 28 46 AM Do Not Detach
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05/03/2022 09:28:46 AM JUDG
INDEX BK NO.
0023 PG 0295
000394-2019
FILED: LIVINGSTON COUNTY CLERK 05/03/2022 09:28 AM
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/03/2022
SUPREME COURT OF THE STATE OF NEW YORK PFW File Number S347386
COUNTÝ OF LIVINGSTON Index No. 000394-2019
Judgment Creditor
MIDLAND FUNDING LLC
INCOME EXECUTION
Judgment Debtor(s) THE PEOPLE OF THE STATE OF NEW YORK
MELISSA SAVINO
124 CLINTON ST h OTO THE ENFORCEMENT OFFICER, GREETING:
AVON, NY 144141448
A judgment was entered in the within court in favor of the Judgment Creditor(s) and the
particulars as follows:
CourtofOriginalEntry
SupremeCourtofthe StateofNewYork,CountyofLIVINGSTON
EntryDate OriginalAmount AmountDue PlusInterestFrom
08/28/19 1,308.31 1,308.31 08/28/19
This execution is issued against MELISSA SAVINO whose last known address is 124 CLINTON ST AVON, NY
144141448 and who is receiving or will receive $333.00 for each Weekly pay perico from the Employer,
"Employer," includes payor of to Judgment Debtor. The Employer's name and address is
herein, any money
LIVINGSTON COUNTY AREA CHAMBER OF COMMERCE & TOURISM 4635 MILLENNIUM DR GENESEO NY 144541197 . Employer's
telephone number is 585-243-2222 .
Youaredirectedto satisfy the judgment with interest together with your fees and expenses, out of all monies
now and hereafter due and owing to the Judgment Debtor from the Employer pursuant to CPLR SEC. 5231.
DirectionsofJudgmentDebtor:Youarenotifiedandcommandedimmediately to start paying the Enforcement Officer serving
a copy of this Income Execution on you: installments amounting to 10% (but no more than the Federal Limits set
forth in LLimitationsontheamountthatcanbewithheld, below) of any and all salary,wages or other income,including
any and all overtime earnings, commissions or other irregular compensation receivea or hereafter to be
received from your Employer and to continue paying such installments until the judgment with interest and the
fees and expenses of this Income Execution are fully paid and satisfied, and if you fail to do so within 20
days this Income Execution will be served upon the Employer by the Enforcement Officer.
DirectionstotheEmployer:Youarecommanded to withold and pay over to the Enforcement Officer serving a copy of
this Income Execution on you: installments amounting to 10% (but no more that the Federal limits set forth in
LLimitationsontheamountthatcanbewithheld, below) of any and all salary, wages, or other income, including any
and all overtime earnings, commissions or other irregular compensation now or hereafter becoming due to
Judgment Debtor until the judgment with interest and the fees and expenses of this Income Execution are fully
paid and satisfied.
Dated:10/15/19 PRESSLER, FELT & WARSHAW, LLP
Attorney for Plaintiffs/Judgment Creditor
305 Broadway 9th Floor
New York, NY 10007
- (516) 222-7929
Sheriff's sy:S/ Crain S. Stiller
(For LivingstonCounty useonly)
,20 Craig s. stiller
Unsatisfied
Satisfied ,20
Fully
/ C ,20
h
PartiallySatisfied
$ Principle $ Interest
00.33 tothe
_Returned orr
judgemen creditor or is w'att ey because of
' '
ina d ar e n jurisdiction.
ty
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INDEX BK NO.
0023 PG O296
000394-2019
FILED: LIVINGSTON COUNTY CLERK 05/03/2022 09:28 AM
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/03/2022
IMPORTANT STATEMENT
This income execution directs the withholding of up to 10 percent of the judgment debtor's
gross income. In certain cases, however, state or federal law does not permit the withholding of
that much of the judgment debtor's gross income. The judgment debtor is referred to New York Civil
Practice Law and Rule Sec. 5231 and 15 United States Code Sec. 1671 et seg.
L Limitations on the amount that can be withheld
A. An income execution for installments from a judgment debtor's gross income cannot exceed
ten (10%) percent of the judgment debtor's gross income.
B. If a judgment debtor's weekly disposable earnings are less than the greater of thirty (30)
times the current federal minimum wage ( (1) * per hour, or $217.50 ) or the New
York State minimum wage ( (1) * per hour, or (1) ) no deduction can be
made from the judgment debtor's earnings under this income execution.
C. A judgment debtor's weekly disposable earnings cannot be reduced below the amount arrived
at by multiplying thirty (30) times the greater of the current federal minimum wage ( $7.25
* per hour, or $217.50 ) or the New York State minimum wage ( * per or
(1) hour,
(1) ) under this income execution.
D. If deductions 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
equal or exceed twenty-five (25%) percent of the judgment debtor's disposable earnings, no
deductions can be made from the judgment debtor's earnings under this income execution.
E. If deductions 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 less than twenty-five (25%) percent of the judgment debtor's disposable earnings,
deductions may be made from the judgment debtor's earnings under this income execution.
However, the amount arrived at by adding the deductions from earnings under this execution
to the deductions made from earnings under any orders for alimony, support or maintenance
for family members or former spouses, cannot exceed twenty-five (25%) percent of the
judgment debtor's disposable earnings.
Notice
Pursuant to CPLR 5205(1), $2,850.00 of an account containing direct deposit or electronic
payments reasonably identifiable as statutorily exempt payments, as defined in CPLR 5205(1) (2), is
exempt from execution and the garnishee cannot levy upon or restrain $2,850.00 in such an account.
Pursuant to CPLR 5222(i), an execution shall not apply to an amount equal to or less than
90% of the greater of 240 times the federal minimum hourly wage prescribed in the Fair Labor
Standards Act of 1938 or 240 times the state minimum hourly wage prescribed in Labor Law 652 as in
effect at the time the earnings are payable, except such part as a court determines to be
unnecessary for the reasonable requirements of the judgment debtor and his or her dependents.
NOTE: Nothing in this notice limits the proportion or amount which may be deducted under any order
for alimony, support or maintenance for family members or former spouses.
IL Explanation of Limitations
Definitions:
Disposable Earnings - Disposable earnings are that part of an individual's earnings left after
deducting those amounts that are required by law to be withheld (for example, taxes, social
security, and unemployment insurance but not deduction for union dues, insurance plans, etc.) .
Gross Income - Gross income is salary, or other and all overtime
wages, income, including any
earnings, commissions, and income from trusts, before any deductions are made from such income.
(1) See attached addendum
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INDEX BK0023
NO. PG O297
000394-2019
FILED: LIVINGSTON COUNTY CLERK 05/03/2022 09:28 AM
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/03/2022
Illustrations regarding earnings:
Ifdisposable earnings is: amount to pay or deduct from earnings
under this income execution is:
(a) 30 times the greater of federal minimum wage No payment or deduction allowed.
( $217.50 ) or the New York State minimum
wage ( (1) per hour, or (1) ) or less
(b) More than 30 times the greater of the federal The lesser of: the excess over the
minimum wage ( $217.50 ) or the New York State greater of 30 times the federal minimum
minimum wage ( (1) * per hour, or (1) ) and wage ( $217.50 ) or the New York State
less than 40 times the greater of the federal minimum wage ( (1) ) in disposable
minimum wage ($290.00) or the New York State earnings, or 10% of gross earnings.
minimum wage ( (1) )
(c) 40 times the greater of the federal minimum The lessor of: 25% of disposable
wage ($290.00) or the New York State minimum earnings or 10% of gross earnings.
wage ( (1) ) or more.
III. Notice: You may be able to challenge this income execution through the procedures provided in
CPLR 5231(i) AND CPLR 5240.
If you think that the amount of your income being deducted under this income execution exceeds the
amount permitted oy state or federal law, you should act promptly because the money will be applied
to the judgment. If you claim that the amount of your income being deducted under this income
execution exceeds the amount permitted by state or federal 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 SEC. 5231 (i)Modification. At any time, the judgment debtor may make a motion to a court for
an order modifying an income execution.
CPLR SEC. 5240 Modification or protective order: supervision of enforcement. At an y time, the
judgment debtor may make a motion to a court for an order denying, limiting, conditioning,
regulating, extending or modifying the use of any post-judgment enforcement procedure, including the
use of income executions.
Return(for Sheriff's or Marshal's use only)
[ ] Fully Satisfied .......2019 [ ] Unsatisfied
[ ] Partially Satisfied .......2C19 $
Because I was unacle to find the Garnishee (the Employer) within my jurisdiction, I return this
Income Execution to Judgment Creditor's Attorney on 2019 .
Date and time received [ ] Marshal, City of
[ ] Sheriff, County of
[ ] Constable of the [ ] Town [ ] Village of
(1) See attached addendum
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INDEX BK NO.
0023 PG 0298
000394-2019
FILED: LIVINGSTON COUNTY CLERK 05/03/2022 09:28 AM
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/03/2022
NEW YORK STATE MINIMUM WAGES
Fast Food Workers, SUNY Employees and Workers for New York State:
Effective Date New York City 30x 40x
12/31/2018 $15.00/hr. $450.00 $600.00
Effective Date Rest of State 30x 40x
12/31/2018 $12.75/hr. $382.50 $510.00
12/31/2019 $13.75/hr. $412.50 $550.00
12/31/2020 $14.50/hr. $435.00 $580.00
07/01/2021 $15.00/hr. $450.00 $600.00
Workers in AllIndustries:
Effective Date NewYork City 30x 40x
12/31/2018 $15.00/hr. $450.00 $600.00
Effective Date Nassau, Suffolk & Westchester 30x 40x
12/31/2018 $12.00/hr. $360.00 $480.00
12/31/2019 $13.00/hr. $390.00 $520.00
12/31/2020 $14.00/hr. $420.00 $560.00
12/31/2021 $15.00/hr. $450.00 $600.00
Effective Date Rest of State 30x 40x
12/31/2018 $11.10/hr. $333.00 $440.00
12/31/2019 $11.80/hr. $354.00 $472.00
12/31/2020 $12.50/hr. $375.00 $500.00
12/31/2021 $15.00/hr. $450.00 $600.00
New York City Micro Business (10 employees or less):
Effective Date 30x 40x
12/31/2018 $13.50/hr. $405.00 $540.00
12/31/2019 $15.00/hr. $450.00 $600.00
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Preview
FILED: LIVINGSTON COUNTY CLERK 05/03/2022 09:28 AM INDEX NO. 000394-2019 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/03/2022 Andrea K. Bailey, County Clerk Livingston County Government Center Weeñ 6 Court Street, Room 201 Geneseo, New York 14454 243-7010 ~ Fax 243-7928 (585) (585) Livingston County Clerk Recording Page Received From: Return To: LIVINGSTON COUNTY SHERIFFS OFFICE Document Type: SATISFACTION OF JUDGMENT - PARTIAL Receipt Number: 00731036 Recorded Information: State of New York County of Livingston Related Judgment: BK 0023 PG 0294 Recorded on the 3rd date of May, 2022 at09: Total Fees: $0.00 28:46 AM Livingston County Clerk Thissheet constitutesthe Clerk'sendorsement requiredby section 319 of theReal Property Law of theStateof New York 8 05/03/202209 28 46 AM Do Not Detach 1 of 5 05/03/2022 09:28:46 AM JUDG INDEX BK NO. 0023 PG 0295 000394-2019 FILED: LIVINGSTON COUNTY CLERK 05/03/2022 09:28 AM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/03/2022 SUPREME COURT OF THE STATE OF NEW YORK PFW File Number S347386 COUNTÝ OF LIVINGSTON Index No. 000394-2019 Judgment Creditor MIDLAND FUNDING LLC INCOME EXECUTION Judgment Debtor(s) THE PEOPLE OF THE STATE OF NEW YORK MELISSA SAVINO 124 CLINTON ST h OTO THE ENFORCEMENT OFFICER, GREETING: AVON, NY 144141448 A judgment was entered in the within court in favor of the Judgment Creditor(s) and the particulars as follows: CourtofOriginalEntry SupremeCourtofthe StateofNewYork,CountyofLIVINGSTON EntryDate OriginalAmount AmountDue PlusInterestFrom 08/28/19 1,308.31 1,308.31 08/28/19 This execution is issued against MELISSA SAVINO whose last known address is 124 CLINTON ST AVON, NY 144141448 and who is receiving or will receive $333.00 for each Weekly pay perico from the Employer, "Employer," includes payor of to Judgment Debtor. The Employer's name and address is herein, any money LIVINGSTON COUNTY AREA CHAMBER OF COMMERCE & TOURISM 4635 MILLENNIUM DR GENESEO NY 144541197 . Employer's telephone number is 585-243-2222 . Youaredirectedto satisfy the judgment with interest together with your fees and expenses, out of all monies now and hereafter due and owing to the Judgment Debtor from the Employer pursuant to CPLR SEC. 5231. DirectionsofJudgmentDebtor:Youarenotifiedandcommandedimmediately to start paying the Enforcement Officer serving a copy of this Income Execution on you: installments amounting to 10% (but no more than the Federal Limits set forth in LLimitationsontheamountthatcanbewithheld, below) of any and all salary,wages or other income,including any and all overtime earnings, commissions or other irregular compensation receivea or hereafter to be received from your Employer and to continue paying such installments until the judgment with interest and the fees and expenses of this Income Execution are fully paid and satisfied, and if you fail to do so within 20 days this Income Execution will be served upon the Employer by the Enforcement Officer. DirectionstotheEmployer:Youarecommanded to withold and pay over to the Enforcement Officer serving a copy of this Income Execution on you: installments amounting to 10% (but no more that the Federal limits set forth in LLimitationsontheamountthatcanbewithheld, below) of any and all salary, wages, or other income, including any and all overtime earnings, commissions or other irregular compensation now or hereafter becoming due to Judgment Debtor until the judgment with interest and the fees and expenses of this Income Execution are fully paid and satisfied. Dated:10/15/19 PRESSLER, FELT & WARSHAW, LLP Attorney for Plaintiffs/Judgment Creditor 305 Broadway 9th Floor New York, NY 10007 - (516) 222-7929 Sheriff's sy:S/ Crain S. Stiller (For LivingstonCounty useonly) ,20 Craig s. stiller Unsatisfied Satisfied ,20 Fully / C ,20 h PartiallySatisfied $ Principle $ Interest 00.33 tothe _Returned orr judgemen creditor or is w'att ey because of ' ' ina d ar e n jurisdiction. ty 2 of 5 05/03/2022 09:28:46 AM JUDG INDEX BK NO. 0023 PG O296 000394-2019 FILED: LIVINGSTON COUNTY CLERK 05/03/2022 09:28 AM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/03/2022 IMPORTANT STATEMENT This income execution directs the withholding of up to 10 percent of the judgment debtor's gross income. In certain cases, however, state or federal law does not permit the withholding of that much of the judgment debtor's gross income. The judgment debtor is referred to New York Civil Practice Law and Rule Sec. 5231 and 15 United States Code Sec. 1671 et seg. L Limitations on the amount that can be withheld A. An income execution for installments from a judgment debtor's gross income cannot exceed ten (10%) percent of the judgment debtor's gross income. B. If a judgment debtor's weekly disposable earnings are less than the greater of thirty (30) times the current federal minimum wage ( (1) * per hour, or $217.50 ) or the New York State minimum wage ( (1) * per hour, or (1) ) no deduction can be made from the judgment debtor's earnings under this income execution. C. A judgment debtor's weekly disposable earnings cannot be reduced below the amount arrived at by multiplying thirty (30) times the greater of the current federal minimum wage ( $7.25 * per hour, or $217.50 ) or the New York State minimum wage ( * per or (1) hour, (1) ) under this income execution. D. If deductions 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 equal or exceed twenty-five (25%) percent of the judgment debtor's disposable earnings, no deductions can be made from the judgment debtor's earnings under this income execution. E. If deductions 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 less than twenty-five (25%) percent of the judgment debtor's disposable earnings, deductions may be made from the judgment debtor's earnings under this income execution. However, the amount arrived at by adding the deductions from earnings under this execution to the deductions made from earnings under any orders for alimony, support or maintenance for family members or former spouses, cannot exceed twenty-five (25%) percent of the judgment debtor's disposable earnings. Notice Pursuant to CPLR 5205(1), $2,850.00 of an account containing direct deposit or electronic payments reasonably identifiable as statutorily exempt payments, as defined in CPLR 5205(1) (2), is exempt from execution and the garnishee cannot levy upon or restrain $2,850.00 in such an account. Pursuant to CPLR 5222(i), an execution shall not apply to an amount equal to or less than 90% of the greater of 240 times the federal minimum hourly wage prescribed in the Fair Labor Standards Act of 1938 or 240 times the state minimum hourly wage prescribed in Labor Law 652 as in effect at the time the earnings are payable, except such part as a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his or her dependents. NOTE: Nothing in this notice limits the proportion or amount which may be deducted under any order for alimony, support or maintenance for family members or former spouses. IL Explanation of Limitations Definitions: Disposable Earnings - Disposable earnings are that part of an individual's earnings left after deducting those amounts that are required by law to be withheld (for example, taxes, social security, and unemployment insurance but not deduction for union dues, insurance plans, etc.) . Gross Income - Gross income is salary, or other and all overtime wages, income, including any earnings, commissions, and income from trusts, before any deductions are made from such income. (1) See attached addendum 3 of 5 05/03/2022 09:28:46 AM JUDG INDEX BK0023 NO. PG O297 000394-2019 FILED: LIVINGSTON COUNTY CLERK 05/03/2022 09:28 AM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/03/2022 Illustrations regarding earnings: Ifdisposable earnings is: amount to pay or deduct from earnings under this income execution is: (a) 30 times the greater of federal minimum wage No payment or deduction allowed. ( $217.50 ) or the New York State minimum wage ( (1) per hour, or (1) ) or less (b) More than 30 times the greater of the federal The lesser of: the excess over the minimum wage ( $217.50 ) or the New York State greater of 30 times the federal minimum minimum wage ( (1) * per hour, or (1) ) and wage ( $217.50 ) or the New York State less than 40 times the greater of the federal minimum wage ( (1) ) in disposable minimum wage ($290.00) or the New York State earnings, or 10% of gross earnings. minimum wage ( (1) ) (c) 40 times the greater of the federal minimum The lessor of: 25% of disposable wage ($290.00) or the New York State minimum earnings or 10% of gross earnings. wage ( (1) ) or more. III. Notice: You may be able to challenge this income execution through the procedures provided in CPLR 5231(i) AND CPLR 5240. If you think that the amount of your income being deducted under this income execution exceeds the amount permitted oy state or federal law, you should act promptly because the money will be applied to the judgment. If you claim that the amount of your income being deducted under this income execution exceeds the amount permitted by state or federal 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 SEC. 5231 (i)Modification. At any time, the judgment debtor may make a motion to a court for an order modifying an income execution. CPLR SEC. 5240 Modification or protective order: supervision of enforcement. At an y time, the judgment debtor may make a motion to a court for an order denying, limiting, conditioning, regulating, extending or modifying the use of any post-judgment enforcement procedure, including the use of income executions. Return(for Sheriff's or Marshal's use only) [ ] Fully Satisfied .......2019 [ ] Unsatisfied [ ] Partially Satisfied .......2C19 $ Because I was unacle to find the Garnishee (the Employer) within my jurisdiction, I return this Income Execution to Judgment Creditor's Attorney on 2019 . Date and time received [ ] Marshal, City of [ ] Sheriff, County of [ ] Constable of the [ ] Town [ ] Village of (1) See attached addendum 4 of 5 05/03/2022 09:28:46 AM JUDG INDEX BK NO. 0023 PG 0298 000394-2019 FILED: LIVINGSTON COUNTY CLERK 05/03/2022 09:28 AM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/03/2022 NEW YORK STATE MINIMUM WAGES Fast Food Workers, SUNY Employees and Workers for New York State: Effective Date New York City 30x 40x 12/31/2018 $15.00/hr. $450.00 $600.00 Effective Date Rest of State 30x 40x 12/31/2018 $12.75/hr. $382.50 $510.00 12/31/2019 $13.75/hr. $412.50 $550.00 12/31/2020 $14.50/hr. $435.00 $580.00 07/01/2021 $15.00/hr. $450.00 $600.00 Workers in AllIndustries: Effective Date NewYork City 30x 40x 12/31/2018 $15.00/hr. $450.00 $600.00 Effective Date Nassau, Suffolk & Westchester 30x 40x 12/31/2018 $12.00/hr. $360.00 $480.00 12/31/2019 $13.00/hr. $390.00 $520.00 12/31/2020 $14.00/hr. $420.00 $560.00 12/31/2021 $15.00/hr. $450.00 $600.00 Effective Date Rest of State 30x 40x 12/31/2018 $11.10/hr. $333.00 $440.00 12/31/2019 $11.80/hr. $354.00 $472.00 12/31/2020 $12.50/hr. $375.00 $500.00 12/31/2021 $15.00/hr. $450.00 $600.00 New York City Micro Business (10 employees or less): Effective Date 30x 40x 12/31/2018 $13.50/hr. $405.00 $540.00 12/31/2019 $15.00/hr. $450.00 $600.00 5 of 5