Preview
FILED: WYOMING COUNTY CLERK 09/23/2022 03:18 PM INDEX NO. 9000315
NYSCEF DOC. NO. 10 INTEREST SHALL BE ACCRUED AT THE RATE OF 2.00% RECEIVED NYSCEF: 09/23/2022
SUPREME COURT OF THE STATE OF NEWYORK COUNTY OF WYOMING
INDEX NUMBER 9000315/21
INCOME EXECUTION
JUDGMENT CREDITOR(S) CONSUMER DEB 3ncome Execution
JEFFERSON CAPITAL SYSTEMS, LLC
Installments id to
have satisfied the judgment to the extent of
Π$.......................................................principal and
$........................................................interest
JUDGMENT DEBTOR(S) Name and Last Known Address ...............................................................................
county
Returned to the judgment creditor or his
ROBERT DOUGLASS attorney on...........................................because of
37 GARDEAU ST APT# 2
PERRY, NY 14530-0000 to find garnishee in the county.
inability
ACCOUNT.#: FZ OD570782
THE PEOPLE OF THE STATE OF NEW YORK
TO THE ENFORCEMENT OFFICER, GREETING: The enforcement Officer is the Sheriff, Marshal of the City or Constable of the Town or
Village authorized by law to enforce Income Executions. A judgment was entered in the ( SUPREMECOURTOF THE STATE OF NEW YORK
COUNTYOF WYOMING ), ( 9000315/21 ) in faVOr of the judgment creditor and the particulars are as follows:
Entry Date Judgment Amount Judgment Due Amount Plus Interest from Tran cript Filed T nty 1lGd
09/22/2021 $4, 60 8 . 0 8 $4 , 60 8 . 08 09/22/2021
This Execution is issued against ROBERT DOUGLASS
, whose last known address is 37 GARDEAU ST APT# 2 PERRY, NY 14 530-0000
whose Social Security Number is and who is or will receive a minimum of$396 s per Section I on thp.Revershside.
Notice to the Employen
Employer: LIVINGSTON WYOMING ARC . ..
If Payroll is processed bTyouUCorporate Office
Corporate Payroll Address:
please forward this garnishment to them.
18 MAIN ST
MOUNT MORRIS, NY 14510
. If you require a Social Security Number to identify
New York Service Address: the judgment debtor, please contact Forster & Garbus
18 MAIN ST at 1-800-245-9943, EXT 107
MOUNT MORRIS NY 14510
( 5 85) 658 -3311
You are directed to 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.
Directions to Judgment Debtor: You are notified and commanded immediately to start paying to 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 1. Limitations on the amount that
can be withheld, on attached) of any and all salary, wages or other income, including any and all overtime earnings, commissions or other
irregular compensation received 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 of Execution are fully paid and satisfied and if you fail to do so within 20 days of this Income
Execution will be served upon the Employer by the Enforcement Officer.
Directions to the Employer: You are commanded to withhold and pay over to the Enforcement Officer serving a copy of this INCOME EXECUTION
L' *
on you; installments amounting to 10% (but no more than the Federal limits set forth in1. tions on the amount that can be withheld, on attached
of any and all salary, wages or other income, including any and all overtime earnings, mm 'on other irregular compensation now or hereafter
becoming due to Judgment Debtor until the judgment with interest and the fees and expenses of EXECUTION are fully paid and satisfied.
DATED: 5/ 23/ 22
Tess E. Gunther / Am vlik / Michael DiGiaro / Annette T. Altman
Attorney(s) for Judgment Creditor Forster & Garbus LLP
Office and Post Office Address 60 Motor Parkway
P.O. Box 9030
Telephone: (631) 393-9400 Commack, N.Y. 11725-9030
(Please note that we are required, under Federal Law, to advise you that we are debt collectors. Any information we obtain will be
used in attempting to collect this debt.)
1 of 2 INEX_COPY
FILED: WYOMING COUNTY CLERK 09/23/2022 03:18 PM INDEX NO. 9000315
Pursuant
NYSCEF tosubdivision
DOC.(1) ofsection
NO. fifty-two
10 fiveoftheCivilPractice
hundred LawandRules, dollarsof
threethousand ILLUSTRATIONS: RECEIVED NYSCEF: 09/23/2022
account
any directdeposit
containing payments
orelectronic identifiable
reasonably as exemptpayments,
statutorily as EARNINGS
IFDISPOSABLE IS: AMOUNT
TOPAYORDEDUCf
FROM
AARIENGS
defined (1)ofsectionfifty-two
twoofsubdivision
in paragraph hundredfiveoftheCivilPractice
LawRules,Isexempt UNDER THISINCOME EXECUTION IS:
andthatthegam1shee
fromexecution cannotlevyuponorrestrain threethousanddollarsInsuchaccount. A.30timesthegreaterof 1)thirty(30)timesthecurrent NoPayment ordeduction allowed.
federalminimum wage($7.25perhouror$217.50or (2)
pumuant
Further, (1) of sectionfifty-twohundred
to subdivision twenty-two
oftheCivilPracticeLawandRules,an theNewYorkStatemmimum wageof$13.20per ouror
shallnotapplytoanamount
execution equaltoorlessthanninetypercent ofthegreateroftwohundred fortytimesthe $39 00 for Jud en Debto h ar NOTfa food
federal
minimum hourwageprescribed InFairLaborStandards Actof1938ortwohundred forty thestateminimum
times employed In NewYorkCityor Westchester, Nassauor
hourlywageprescribedinsectionelxhundredfifty-twoofthelaborlawasIneffectatthetimetheeamings arepayable. SuffolkCounties or(3)theNewYorkStateminimum wage
exceptsuchpartasacoultdetermines tobeunnecessary forthereasonable
requirementsofthejudgementdebtorand of$15.00perhouror$450.00 forJudgment Debtors who
hisorherdependents. areNOTfastfoodemployees in fastfood establishments
locatedin NewYorkCityandwhoareemployed InNew
YorkCity(4)theNewYorkStateminimum wageof$15.00
A-REVISED perhouror$450,00 forJudgment Debtors whoareNOT
APPENDIX fastfoodemployees infastfoodestablishments.and who
areemployed in Westchester County.(5) TheNewYork
NoticeofJudgmentDebtor income
receiving ThIsIncome
execution, directs
Execution ofupto10%ofthe
thewithholding Stateminimum wageof $15.00perhouror $450.00 for
JudgmentdebtorsgNssIncome. Lawdoesnotpermit
StateorFederal
Incertaincases,however, ofthat
thewithholding JudmentDebtors whoarefastfoodemployees in fast
muchoftheJudgmentDebtors grossincome.TheJudgment Debtor toNewYorkCivilPractice
isreferred LawandRules fob establishments located inNewYorkCity.(6)theNew
sect.5231and15UnitedStatee
CodeSect.1671etseq. ku g en ebtors o arefastfoode p yee fas
fobdestablishments located outside NewYorkCity,or
.. (7)TheNewYorkStateminimum wa eof$15.00 perhour
ONTHEAMOUNT
LLIMITATIONS THATCANBEWITHHELD: or;$450.00 forJudgment Debtors o areemployed by
execution
A.Anincome forinstallments gmasIncome
Debtors
fmmaJudgment cannot
exceed (10%)ofthe
tenpercent NewYorkStateor agencies of the NewYorkState
Debtors
Judgment grossincome. Department ofLaworOfficeoftheComptroller, located in
NewYorkCity,or(8)TheNewYorkStateminimum wa e
Debtor of$15.00perhouror$450.00 forJudgment Debtors o
B.Nodeductions canbemadefromtheJudgment Debtorseamings
underthisincome
executionIfaJudgment are'employed by NewYorkStateoragencies oftheNew
weekly disposable eamingsarelessthanthegreater
of . YorkStateDepartment ofLaworOfficeoftheComptmiler,
located outside oftheCityofNewYork,(9)TheNewYork
(1)thirty(30)timesthecurrent minimum
federal wage($7.25perhouror$217.50);
or Stateminimum wageof $15.00perhourof $450.00 for
. . Judgment Debtorswho are employedby the State
wageof$13.20perhouror $396.00 forJudgment
Debtors whoareNÖTfastfodd nversito Yohok 1
(2)theNewYorkStateminimum T45000fo JudI ent ebor
employees infastfoodestablishments InNew
orarenotemployed York CityorWestchester,
Nassau o rSuffolk
C ountle v io areemployed Inbusinesses withten(10)employees
or or3lesslocated inNewYorkCity.
(3)theNewYorkStateminimum wageof $15.00perhouror $450.00 whoareNOTf st.foqd
Debtors
forJudgment Emorethan30timesandlessthan40timesthegreater Thelesseroftheexcessoverthegreater of:(1)thirty
employees inNewYorkCityandwhoareemployed
located
infastfoodestablishments inNewYorkCity bf thirty(30)timesthecurrent federalminimum wage (30)timesthecurrent federal minimum wage($7.25per
($ . perhouror $217.50);or (2)theNewYorkState houror $217.50); or (2)theNewYorkStateminimum
DebtorswhoareNOTfastfood minimum wageof $13.20per houror $396.00for wageof $13.20perhouror $396.00for Judgment
(4)theNewYorkStateminimum wageof $15.00perhouror $450.00
forJudgment Judgment Debtors whoareNOTfastfoodemployees in DebtorswhoareNOTfastfoodemployees or in fast
employees andwhoareemployed
infastfoodestablishments, Nassau
inWestchester, orSuffolk
County- fastfoodestablishments orarenotemploedinNewYork foodestablishments or arenotor employed in New
or
City Westchester, Nassau or Suffolkounties; (3)the YorkCityor Westchester, Nassau, orSuffolk Counties,
(5) TheNewYorkStateminimum perhouror$450.00
wageof$15.00 Debtors
forJudgment whoarefastfoodemployees NewYorkStateminimum wageof $15.00per hour or(3)theNewYorkStateminimum wageof$15.00per
infastfoodestablishments
iocated
InNewYorkCity. $450.00for Judgment Debtors whoareNOTfastfood houror$450.00 for mentDebtors whoareNOTfast
employees in fastfoodestablishments locatedin New foodemployees In foodestablishments located in
Debtors
whoarefastfoodemployees YorkCityandwhoareemployed InNewYorkCity(4)the NewYorkCit andwhoareemployed inNewYorkCity
(6)theNewYorkStateminimumwageof$15.00perhouror$450.00
forJudgment NewYorkStateminimum wageof $15.00perhouror (4)theNew orkStateminimum wageof $15.00per
infastfoodestablishments
located NewYorkCity,or
outside $450.00 for Judgment Debtors whoareNOTfastfood houror $450.00 forJudmentDebtors whoareNOT
employees In fast food establishments, andwhoare fastfoodemployees In astfoodestablishments, and
(7)TheNewYorkStateminimumwageof$15,00perhouror$450.00
forJudgmentDebtom whoareemployedbyNew employed InWestchester, Nassau or SuffolkCounty.(5) whoareemployed In Westchester, Nassau or Suffolk
ofLaworOfficeoftheComptroller,
oftheNewYorkStateDepartment
YorkStateoragencies iocated
InNewYorkCity,or TheNewYorkStateminimum wageof$15.00 perhouror County.(5) the NewYorkStateminimum wageof
$450forJudgment Debtors whoarefastfoodemployees $15.00 perhourof$450.00 for Judgment Debtors who
in fastfoodestablishments located InNewYorkCity,(6) arefastfoodemployees in fastfoodestablishments
(8)TheNewYorkStateminimum
wageof$15.00perhouror$450.00
forJudgment
Debtors
whoareemployed byNew theNewYorkStateminimum wageof$15,00perhouror locatedin NewYorkCity. (6) TheNewYorkState
ofLaworOfficeoftheComptmller,
oftheNewYorkStateDepartment
YorkStateoragencies Iocated
outside
oftheCity $450.00for JudgmentDebtorswho are fast food minimum wae of $15.00perhouror $450.00for
ofNewYork, emploeesin fastfoodestablishments iocatedoutside JudmentDetorswhoarefastfoodemployees infast
New orkCity,or (7)TheNewYorkStateminimum wage foo establishments locateoutsideNewYorkCity,or
wageof$15.00perhourof$450.00
(9)TheNewYorkStateminimum Debtors
forJudgment whoareemployed
bythe of$15.00perhouror$450.00 forJudgment Debtors who (7)TheNewYorkStateminimum wa e of$15.00per
StateUniversity
ofNewYork' areemployed byNew houror $450.00for JudgmentD btorswho are
YorkStateoragencies oftheNewYorkStateDepartmentempt ed by NewYorkStateor agencies oftheNew
of Lawor OfficeoftheComptroller, located in NewYork York tateDepartment of theComptroller, iocatedIn
(10)TheNewYorkStateminimumwageof $15.00perhouror $450.00 Debtom
forJudgment whoareemployed
in City,or (8)TheNewYorkStateminimum wageof$15.00 NewYorkCity,or (8) TheNewYorkStateminimum
withten(10)employees
businesses inNewYorkCity.
orlesslocated per houror $450.00 for Judgment Debtors w ho are Wage of$15.00 perhour o r$450.00 f orforJudgment
employed byNewYorkStateoragencies oftheNewYork Debtorswhoare employed by NewYorkStateor
C.AJudgmentDebtors weeklydisposable eamings underthisincome
execution belowtheamount
cannotbereduced . StateDepartment of Lawor Officeof the Comptroller,agencies oftheNewYorkStateDepartment ofLawor
located outside oftheCityofNewYork,(9)TheNewYork OfficeoftheComptroller, located outside oftheCityof
arrived thirty(30)timesthegreater
atbymultiplying of Stateminimum wageof $15.00perhourof $450.00 for NewYork, ) TheNewYorkStateMinimum wageof
Judgment Debtorswho are employedby the State $15.00per ourof$450.00 forJudgment Debtors who
(1)thirty(30)timesthecurrçnt
federal
minimumwage($7.25perhouror$217.50);
or Universityof NewYork,(10)TheNewLaworOfficeYork areemployed bytheStateUniversity ofNewYork,(10)
.. stateminimum wageof$15.00 perhourorof $450.00 W age
for TheNewYorkStateminimum of$15.00perhour
(2)theNewYorkStatemiitimum wageof $13.20perhouror $396.00
forJudgment
Debtors whoareNOTfastfood Judgment Debtors whoareemployed Inbusinesses with or$450.00forJudgment Debtors whoareemployed In
employees infastfoodestablishments
orarenotemployed Nassau
inNewYorkCityorWestchester, orSuffolk
Counties; ten(10)employees orlesslocated inNewYorkCity. Businesseswithten(10)employees orLesslocated in
NewYorkCity,Indisposable eamings or10%ofGross
eammgs.
C.40timesthegreater of(1)thecurrent federalminimum
(3)theNewYorkStateminimum wageof $15.00perhouror $450.00 Debtors
forJudgment whoareNOTfastfood wage$7.25perhourperhouror$290.00 ; or(2)theNew
infastfoodestablishments
employees focated inNewYorkCity
inNewYorkCityandwhoareemployed York tateminimum wageof$13.20per ouror$528.00 Thelesserof 25%of disposable eamings or 10%of
forJudgment Debtors whoareNOTfastfoodemployees in grosseammgs
Debtors
forJudgment whoareNOTfastfood fastfoodestablishments orarenotemployed inNewYork
(4)theNewYorkStateminimum wageof $15.00perhouror$450.00
®SSthester, war9Su urthe
infastfoodestablishnients,
employees andwhoareemployedinWestchester,
Nassau
orSuffolk
County. assm kß5 O p r
$600.00for Judgment Debtors whoareNOTfastfood
(5) TheNewYorkStateminimumwageof$15.00 Debtors
perhouror$4²0.00forJudgment whoarefastfoodemployees empioeesin fastfoodestablishments locatedin New
Infastfoodestablishments inNewYorkCity.
located York ityandwhoareemployed InNewYorkCity(4)the
NewYorkStateminimum wageof $15.00perhouror
(6)theNewYorkStateminimum forJudgment
wageof$15.00perhouror$450.00 Debtors
whoarefastfoodemployees $600.00for Judgment Debtors whoareNOTfastfood
infastfoodestablishments outside
located NewYorkCity,or SinW s heser, N ss u r ufok Co ty.( )
TheNewYorkStateminimum wageof$15.00 perhouror
(7)TheNewYorkStateminimumwageof$15.00perhouror$450.00
forJudgmentDebtors
whoareemployedbyNew $600.00for JudgmentDebtorswho are fast food
ofLaworOfficeoftheComptmller,
oftheNewYorkStateDepartment
YorkStateoragencies located
inNewYorkCity,or employees in fastfoodestablishments locatedin New
YorkCity.(6) theNewYorkStateminimum wageof$15.00
wageof$15.00perhouror$450.00
(8)TheNewYorkStateminimum forJudgment
Debtors
whoareemployed byNew perhouror $600 OforJudgment Debtors whoarefast
ofLaworOfficeoftheComptroller,
oftheNewYorkStateDepartment
YorkStateoragencies located
outside
oftheCity PloY
eskÊty (7 TheNe atemin u
ofNewYork, wageof$15.00 perhouror$600.00 forJudgment Debtors
whoareemployed by NewYorkStateoragencies ofthe
(9)TheNewYorkStateminimum forJudgment
wageof$15.00perhourof$450.00 Debtors
whoareemployed
bythe NewYorkStateDepartment of Lawor Officeof the
StateUniversity
ofNewYork, Comptroller, locatedinNewYorkCity,or(8)TheNewYork
Stateminimum wageof $15.00perhouror $600.00for
wageof$15,00perhouror $450.00
forJudgment
Debtors
whoareemployed eDebtrs o aree yed NewYorkState
(10)TheNewYorkStateminimum in Joag
withten(10)employees
businesses orlessIocated
InNewYorkCity. Officeof the Comptroller, locatedoutsideof the Cityof
NewYork,(9) TheNewYorkStateminimum wageof
arebeingmadefmmaJudgment
D.Ifdeductions Debtor's
eamings underanyorderofAlimony,
Support
orMaintenance $15.00 perhourof$600.00 forJudgment Debtors whoare
forfamilymembers
orformer andthosedeductions
spouses, equalorexceedtwenty-five
percent(25%)oftheJudgment employed b theStateUniversity of NewYork,(10)The
Debtorsdisposable
eamings, canbemadefromtheJudgment
nodeduction Debtor'seamingsunderthisIncome NewYork tateminimum wageof $15.00perhouror
execution. $600.00for JudmentDebtorswhoare emploed m
businesses witht (10)employees orlesslocatednNew
E.IfdeductionsarebeingmadefromaJudgment DebtorseamingsunderanyorderofAllmony, Support
orMaintenance
forfamilymembers orformerspouses,andthosedeductions percent
arelessthantwenty-five (25%)oftheJudgment Ill.NOTICE:YOUMAYBEABLETOCHALLENGE THISINCOME EXECUTION THROUGH THEPROCEDURES
Debtorsdisposable eamings,deductions maybe madefromtheJudgment Debtorseamingsunderthis income PROVIDED INCPLRSECT. 5231(I)ANDSECT. 5240.
execution.However,theamount fmmeamings
arrivedat byaddingthedeductions madeunderthisexecution tothe If youthinkthattheamount of yourincomebeingdeducted underthisIncome Execution
exceedstheamount
deductions madefmmeamings underanyordersforAlimony, Supportor Maintenance
for familymembersor former permitted
byStateorFederal Law,youshould actpromptlybecausethemoney willbeapplied
tothejudgment.Ifyou
spouses cannotexceedtwenty-five
(25%)oftheJudgment Debtorsdisposableeamings.Note:Nothinginthisnotice claimtheamount ofyourincome beingdeductedunderthisIncomeExecutionexceedstheamount permitted
byState
IImitstheproportion
oramount whichmaybededucted Support
underanyorderforAlimony, orMaintenance
forfamily orFederal Law,y oushouldc ontactyouremployerorotherpersonpayingy ourIncome. you
Further, may consult an
members orformer
spouses. attomey,includingLegalAidif youqualify.NewYorkStateLawprovides twoproceduresthroughwhichanIncome
Executioncanbechallenged.
II.EXPLANATIONOFLIMITATIONS
DEFINITIONS: At anytime,theJudgment
CPLRSect.5231(1)Modification. Debtormaymakea Motionto a CourtforanOrder
DISPOSABLE EARNINGS: anIncome
modifying Execution.
Disposable
eaming arethatpartofanIndividual's
eamings thoseamounts
leftafterdeducting thatarerequired
bylawto
bewithheld
(forexample,Taxes,SocialSecurity,
andUnemployment butnotdeductions
Insurance, forUnionDues, CPLRSect5240ModificationorProtective
Order:
Supervision ofEnforcement.
Atanytime,theJudgment
Debtor
may
Insurance
Plans,etc.) makea Motionto a CourtforanOrderdenying,limiting,conditioning,
regulating, theuseof anypost-
extending
judgment
enforcement procedures, theuseofincome
including executions.
GROSS INCOME
Grossincome is alary,wagesorotherincome, anyandallovertime
including eamings, andincome
commissions, fNm
trusts,before
anydeductionsaremadefromsuchincome.
2 of 2
Preview
FILED: WYOMING COUNTY CLERK 09/23/2022 03:18 PM INDEX NO. 9000315 NYSCEF DOC. NO. 10 INTEREST SHALL BE ACCRUED AT THE RATE OF 2.00% RECEIVED NYSCEF: 09/23/2022 SUPREME COURT OF THE STATE OF NEWYORK COUNTY OF WYOMING INDEX NUMBER 9000315/21 INCOME EXECUTION JUDGMENT CREDITOR(S) CONSUMER DEB 3ncome Execution JEFFERSON CAPITAL SYSTEMS, LLC Installments id to have satisfied the judgment to the extent of Œ $.......................................................principal and $........................................................interest JUDGMENT DEBTOR(S) Name and Last Known Address ............................................................................... county Returned to the judgment creditor or his ROBERT DOUGLASS attorney on...........................................because of 37 GARDEAU ST APT# 2 PERRY, NY 14530-0000 to find garnishee in the county. inability ACCOUNT.#: FZ OD570782 THE PEOPLE OF THE STATE OF NEW YORK TO THE ENFORCEMENT OFFICER, GREETING: The enforcement Officer is the Sheriff, Marshal of the City or Constable of the Town or Village authorized by law to enforce Income Executions. A judgment was entered in the ( SUPREMECOURTOF THE STATE OF NEW YORK COUNTYOF WYOMING ), ( 9000315/21 ) in faVOr of the judgment creditor and the particulars are as follows: Entry Date Judgment Amount Judgment Due Amount Plus Interest from Tran cript Filed T nty 1lGd 09/22/2021 $4, 60 8 . 0 8 $4 , 60 8 . 08 09/22/2021 This Execution is issued against ROBERT DOUGLASS , whose last known address is 37 GARDEAU ST APT# 2 PERRY, NY 14 530-0000 whose Social Security Number is and who is or will receive a minimum of$396 s per Section I on thp.Revershside. Notice to the Employen Employer: LIVINGSTON WYOMING ARC . .. If Payroll is processed bTyouUCorporate Office Corporate Payroll Address: please forward this garnishment to them. 18 MAIN ST MOUNT MORRIS, NY 14510 . If you require a Social Security Number to identify New York Service Address: the judgment debtor, please contact Forster & Garbus 18 MAIN ST at 1-800-245-9943, EXT 107 MOUNT MORRIS NY 14510 ( 5 85) 658 -3311 You are directed to 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. Directions to Judgment Debtor: You are notified and commanded immediately to start paying to 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 1. Limitations on the amount that can be withheld, on attached) of any and all salary, wages or other income, including any and all overtime earnings, commissions or other irregular compensation received 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 of Execution are fully paid and satisfied and if you fail to do so within 20 days of this Income Execution will be served upon the Employer by the Enforcement Officer. Directions to the Employer: You are commanded to withhold and pay over to the Enforcement Officer serving a copy of this INCOME EXECUTION L' * on you; installments amounting to 10% (but no more than the Federal limits set forth in1. tions on the amount that can be withheld, on attached of any and all salary, wages or other income, including any and all overtime earnings, mm 'on other irregular compensation now or hereafter becoming due to Judgment Debtor until the judgment with interest and the fees and expenses of EXECUTION are fully paid and satisfied. DATED: 5/ 23/ 22 Tess E. Gunther / Am vlik / Michael DiGiaro / Annette T. Altman Attorney(s) for Judgment Creditor Forster & Garbus LLP Office and Post Office Address 60 Motor Parkway P.O. Box 9030 Telephone: (631) 393-9400 Commack, N.Y. 11725-9030 (Please note that we are required, under Federal Law, to advise you that we are debt collectors. Any information we obtain will be used in attempting to collect this debt.) 1 of 2 INEX_COPY FILED: WYOMING COUNTY CLERK 09/23/2022 03:18 PM INDEX NO. 9000315 Pursuant NYSCEF tosubdivision DOC.(1) ofsection NO. fifty-two 10 fiveoftheCivilPractice hundred LawandRules, dollarsof threethousand ILLUSTRATIONS: RECEIVED NYSCEF: 09/23/2022 account any directdeposit containing payments orelectronic identifiable reasonably as exemptpayments, statutorily as EARNINGS IFDISPOSABLE IS: AMOUNT TOPAYORDEDUCf FROM AARIENGS defined (1)ofsectionfifty-two twoofsubdivision in paragraph hundredfiveoftheCivilPractice LawRules,Isexempt UNDER THISINCOME EXECUTION IS: andthatthegam1shee fromexecution cannotlevyuponorrestrain threethousanddollarsInsuchaccount. A.30timesthegreaterof 1)thirty(30)timesthecurrent NoPayment ordeduction allowed. federalminimum wage($7.25perhouror$217.50or (2) pumuant Further, (1) of sectionfifty-twohundred to subdivision twenty-two oftheCivilPracticeLawandRules,an theNewYorkStatemmimum wageof$13.20per ouror shallnotapplytoanamount execution equaltoorlessthanninetypercent ofthegreateroftwohundred fortytimesthe $39 00 for Jud en Debto h ar NOTfa food federal minimum hourwageprescribed InFairLaborStandards Actof1938ortwohundred forty thestateminimum times employed In NewYorkCityor Westchester, Nassauor hourlywageprescribedinsectionelxhundredfifty-twoofthelaborlawasIneffectatthetimetheeamings arepayable. SuffolkCounties or(3)theNewYorkStateminimum wage exceptsuchpartasacoultdetermines tobeunnecessary forthereasonable requirementsofthejudgementdebtorand of$15.00perhouror$450.00 forJudgment Debtors who hisorherdependents. areNOTfastfoodemployees in fastfood establishments locatedin NewYorkCityandwhoareemployed InNew YorkCity(4)theNewYorkStateminimum wageof$15.00 A-REVISED perhouror$450,00 forJudgment Debtors whoareNOT APPENDIX fastfoodemployees infastfoodestablishments.and who areemployed in Westchester County.(5) TheNewYork NoticeofJudgmentDebtor income receiving ThIsIncome execution, directs Execution ofupto10%ofthe thewithholding Stateminimum wageof $15.00perhouror $450.00 for JudgmentdebtorsgNssIncome. Lawdoesnotpermit StateorFederal Incertaincases,however, ofthat thewithholding JudmentDebtors whoarefastfoodemployees in fast muchoftheJudgmentDebtors grossincome.TheJudgment Debtor toNewYorkCivilPractice isreferred LawandRules fob establishments located inNewYorkCity.(6)theNew sect.5231and15UnitedStatee CodeSect.1671etseq. ku g en ebtors o arefastfoode p yee fas fobdestablishments located outside NewYorkCity,or .. (7)TheNewYorkStateminimum wa eof$15.00 perhour ONTHEAMOUNT LLIMITATIONS THATCANBEWITHHELD: or;$450.00 forJudgment Debtors o areemployed by execution A.Anincome forinstallments gmasIncome Debtors fmmaJudgment cannot exceed (10%)ofthe tenpercent NewYorkStateor agencies of the NewYorkState Debtors Judgment grossincome. Department ofLaworOfficeoftheComptroller, located in NewYorkCity,or(8)TheNewYorkStateminimum wa e Debtor of$15.00perhouror$450.00 forJudgment Debtors o B.Nodeductions canbemadefromtheJudgment Debtorseamings underthisincome executionIfaJudgment are'employed by NewYorkStateoragencies oftheNew weekly disposable eamingsarelessthanthegreater of . YorkStateDepartment ofLaworOfficeoftheComptmiler, located outside oftheCityofNewYork,(9)TheNewYork (1)thirty(30)timesthecurrent minimum federal wage($7.25perhouror$217.50); or Stateminimum wageof $15.00perhourof $450.00 for . . Judgment Debtorswho are employedby the State wageof$13.20perhouror $396.00 forJudgment Debtors whoareNÖTfastfodd nversito Yohok 1 (2)theNewYorkStateminimum T45000fo JudI ent ebor employees infastfoodestablishments InNew orarenotemployed York CityorWestchester, Nassau o rSuffolk C ountle v io areemployed Inbusinesses withten(10)employees or or3lesslocated inNewYorkCity. (3)theNewYorkStateminimum wageof $15.00perhouror $450.00 whoareNOTf st.foqd Debtors forJudgment Emorethan30timesandlessthan40timesthegreater Thelesseroftheexcessoverthegreater of:(1)thirty employees inNewYorkCityandwhoareemployed located infastfoodestablishments inNewYorkCity bf thirty(30)timesthecurrent federalminimum wage (30)timesthecurrent federal minimum wage($7.25per ($ . perhouror $217.50);or (2)theNewYorkState houror $217.50); or (2)theNewYorkStateminimum DebtorswhoareNOTfastfood minimum wageof $13.20per houror $396.00for wageof $13.20perhouror $396.00for Judgment (4)theNewYorkStateminimum wageof $15.00perhouror $450.00 forJudgment Judgment Debtors whoareNOTfastfoodemployees in DebtorswhoareNOTfastfoodemployees or in fast employees andwhoareemployed infastfoodestablishments, Nassau inWestchester, orSuffolk County- fastfoodestablishments orarenotemploedinNewYork foodestablishments or arenotor employed in New or City Westchester, Nassau or Suffolkounties; (3)the YorkCityor Westchester, Nassau, orSuffolk Counties, (5) TheNewYorkStateminimum perhouror$450.00 wageof$15.00 Debtors forJudgment whoarefastfoodemployees NewYorkStateminimum wageof $15.00per hour or(3)theNewYorkStateminimum wageof$15.00per infastfoodestablishments iocated InNewYorkCity. $450.00for Judgment Debtors whoareNOTfastfood houror$450.00 for mentDebtors whoareNOTfast employees in fastfoodestablishments locatedin New foodemployees In foodestablishments located in Debtors whoarefastfoodemployees YorkCityandwhoareemployed InNewYorkCity(4)the NewYorkCit andwhoareemployed inNewYorkCity (6)theNewYorkStateminimumwageof$15.00perhouror$450.00 forJudgment NewYorkStateminimum wageof $15.00perhouror (4)theNew orkStateminimum wageof $15.00per infastfoodestablishments located NewYorkCity,or outside $450.00 for Judgment Debtors whoareNOTfastfood houror $450.00 forJudmentDebtors whoareNOT employees In fast food establishments, andwhoare fastfoodemployees In astfoodestablishments, and (7)TheNewYorkStateminimumwageof$15,00perhouror$450.00 forJudgmentDebtom whoareemployedbyNew employed InWestchester, Nassau or SuffolkCounty.(5) whoareemployed In Westchester, Nassau or Suffolk ofLaworOfficeoftheComptroller, oftheNewYorkStateDepartment YorkStateoragencies iocated InNewYorkCity,or TheNewYorkStateminimum wageof$15.00 perhouror County.(5) the NewYorkStateminimum wageof $450forJudgment Debtors whoarefastfoodemployees $15.00 perhourof$450.00 for Judgment Debtors who in fastfoodestablishments located InNewYorkCity,(6) arefastfoodemployees in fastfoodestablishments (8)TheNewYorkStateminimum wageof$15.00perhouror$450.00 forJudgment Debtors whoareemployed byNew theNewYorkStateminimum wageof$15,00perhouror locatedin NewYorkCity. (6) TheNewYorkState ofLaworOfficeoftheComptmller, oftheNewYorkStateDepartment YorkStateoragencies Iocated outside oftheCity $450.00for JudgmentDebtorswho are fast food minimum wae of $15.00perhouror $450.00for ofNewYork, emploeesin fastfoodestablishments iocatedoutside JudmentDetorswhoarefastfoodemployees infast New orkCity,or (7)TheNewYorkStateminimum wage foo establishments locateoutsideNewYorkCity,or wageof$15.00perhourof$450.00 (9)TheNewYorkStateminimum Debtors forJudgment whoareemployed bythe of$15.00perhouror$450.00 forJudgment Debtors who (7)TheNewYorkStateminimum wa e of$15.00per StateUniversity ofNewYork' areemployed byNew houror $450.00for JudgmentD btorswho are YorkStateoragencies oftheNewYorkStateDepartmentempt ed by NewYorkStateor agencies oftheNew of Lawor OfficeoftheComptroller, located in NewYork York tateDepartment of theComptroller, iocatedIn (10)TheNewYorkStateminimumwageof $15.00perhouror $450.00 Debtom forJudgment whoareemployed in City,or (8)TheNewYorkStateminimum wageof$15.00 NewYorkCity,or (8) TheNewYorkStateminimum withten(10)employees businesses inNewYorkCity. orlesslocated per houror $450.00 for Judgment Debtors w ho are Wage of$15.00 perhour o r$450.00 f orforJudgment employed byNewYorkStateoragencies oftheNewYork Debtorswhoare employed by NewYorkStateor C.AJudgmentDebtors weeklydisposable eamings underthisincome execution belowtheamount cannotbereduced . StateDepartment of Lawor Officeof the Comptroller,agencies oftheNewYorkStateDepartment ofLawor located outside oftheCityofNewYork,(9)TheNewYork OfficeoftheComptroller, located outside oftheCityof arrived thirty(30)timesthegreater atbymultiplying of Stateminimum wageof $15.00perhourof $450.00 for NewYork, ) TheNewYorkStateMinimum wageof Judgment Debtorswho are employedby the State $15.00per ourof$450.00 forJudgment Debtors who (1)thirty(30)timesthecurrçnt federal minimumwage($7.25perhouror$217.50); or Universityof NewYork,(10)TheNewLaworOfficeYork areemployed bytheStateUniversity ofNewYork,(10) .. stateminimum wageof$15.00 perhourorof $450.00 W age for TheNewYorkStateminimum of$15.00perhour (2)theNewYorkStatemiitimum wageof $13.20perhouror $396.00 forJudgment Debtors whoareNOTfastfood Judgment Debtors whoareemployed Inbusinesses with or$450.00forJudgment Debtors whoareemployed In employees infastfoodestablishments orarenotemployed Nassau inNewYorkCityorWestchester, orSuffolk Counties; ten(10)employees orlesslocated inNewYorkCity. Businesseswithten(10)employees orLesslocated in NewYorkCity,Indisposable eamings or10%ofGross eammgs. C.40timesthegreater of(1)thecurrent federalminimum (3)theNewYorkStateminimum wageof $15.00perhouror $450.00 Debtors forJudgment whoareNOTfastfood wage$7.25perhourperhouror$290.00 ; or(2)theNew infastfoodestablishments employees focated inNewYorkCity inNewYorkCityandwhoareemployed York tateminimum wageof$13.20per ouror$528.00 Thelesserof 25%of disposable eamings or 10%of forJudgment Debtors whoareNOTfastfoodemployees in grosseammgs Debtors forJudgment whoareNOTfastfood fastfoodestablishments orarenotemployed inNewYork (4)theNewYorkStateminimum wageof $15.00perhouror$450.00 ®SSthester, war9Su urthe infastfoodestablishnients, employees andwhoareemployedinWestchester, Nassau orSuffolk County. assm kß5 O p r $600.00for Judgment Debtors whoareNOTfastfood (5) TheNewYorkStateminimumwageof$15.00 Debtors perhouror$4²0.00forJudgment whoarefastfoodemployees empioeesin fastfoodestablishments locatedin New Infastfoodestablishments inNewYorkCity. located York ityandwhoareemployed InNewYorkCity(4)the NewYorkStateminimum wageof $15.00perhouror (6)theNewYorkStateminimum forJudgment wageof$15.00perhouror$450.00 Debtors whoarefastfoodemployees $600.00for Judgment Debtors whoareNOTfastfood infastfoodestablishments outside located NewYorkCity,or SinW s heser, N ss u r ufok Co ty.( ) TheNewYorkStateminimum wageof$15.00 perhouror (7)TheNewYorkStateminimumwageof$15.00perhouror$450.00 forJudgmentDebtors whoareemployedbyNew $600.00for JudgmentDebtorswho are fast food ofLaworOfficeoftheComptmller, oftheNewYorkStateDepartment YorkStateoragencies located inNewYorkCity,or employees in fastfoodestablishments locatedin New YorkCity.(6) theNewYorkStateminimum wageof$15.00 wageof$15.00perhouror$450.00 (8)TheNewYorkStateminimum forJudgment Debtors whoareemployed byNew perhouror $600 OforJudgment Debtors whoarefast ofLaworOfficeoftheComptroller, oftheNewYorkStateDepartment YorkStateoragencies located outside oftheCity PloY eskÊty (7 TheNe atemin u ofNewYork, wageof$15.00 perhouror$600.00 forJudgment Debtors whoareemployed by NewYorkStateoragencies ofthe (9)TheNewYorkStateminimum forJudgment wageof$15.00perhourof$450.00 Debtors whoareemployed bythe NewYorkStateDepartment of Lawor Officeof the StateUniversity ofNewYork, Comptroller, locatedinNewYorkCity,or(8)TheNewYork Stateminimum wageof $15.00perhouror $600.00for wageof$15,00perhouror $450.00 forJudgment Debtors whoareemployed eDebtrs o aree yed NewYorkState (10)TheNewYorkStateminimum in Joag withten(10)employees businesses orlessIocated InNewYorkCity. Officeof the Comptroller, locatedoutsideof the Cityof NewYork,(9) TheNewYorkStateminimum wageof arebeingmadefmmaJudgment D.Ifdeductions Debtor's eamings underanyorderofAlimony, Support orMaintenance $15.00 perhourof$600.00 forJudgment Debtors whoare forfamilymembers orformer andthosedeductions spouses, equalorexceedtwenty-five percent(25%)oftheJudgment employed b theStateUniversity of NewYork,(10)The Debtorsdisposable eamings, canbemadefromtheJudgment nodeduction Debtor'seamingsunderthisIncome NewYork tateminimum wageof $15.00perhouror execution. $600.00for JudmentDebtorswhoare emploed m businesses witht (10)employees orlesslocatednNew E.IfdeductionsarebeingmadefromaJudgment DebtorseamingsunderanyorderofAllmony, Support orMaintenance forfamilymembers orformerspouses,andthosedeductions percent arelessthantwenty-five (25%)oftheJudgment Ill.NOTICE:YOUMAYBEABLETOCHALLENGE THISINCOME EXECUTION THROUGH THEPROCEDURES Debtorsdisposable eamings,deductions maybe madefromtheJudgment Debtorseamingsunderthis income PROVIDED INCPLRSECT. 5231(I)ANDSECT. 5240. execution.However,theamount fmmeamings arrivedat byaddingthedeductions madeunderthisexecution tothe If youthinkthattheamount of yourincomebeingdeducted underthisIncome Execution exceedstheamount deductions madefmmeamings underanyordersforAlimony, Supportor Maintenance for familymembersor former permitted byStateorFederal Law,youshould actpromptlybecausethemoney willbeapplied tothejudgment.Ifyou spouses cannotexceedtwenty-five (25%)oftheJudgment Debtorsdisposableeamings.Note:Nothinginthisnotice claimtheamount ofyourincome beingdeductedunderthisIncomeExecutionexceedstheamount permitted byState IImitstheproportion oramount whichmaybededucted Support underanyorderforAlimony, orMaintenance forfamily orFederal Law,y oushouldc ontactyouremployerorotherpersonpayingy ourIncome. you Further, may consult an members orformer spouses. attomey,includingLegalAidif youqualify.NewYorkStateLawprovides twoproceduresthroughwhichanIncome Executioncanbechallenged. II.EXPLANATIONOFLIMITATIONS DEFINITIONS: At anytime,theJudgment CPLRSect.5231(1)Modification. Debtormaymakea Motionto a CourtforanOrder DISPOSABLE EARNINGS: anIncome modifying Execution. Disposable eaming arethatpartofanIndividual's eamings thoseamounts leftafterdeducting thatarerequired bylawto bewithheld (forexample,Taxes,SocialSecurity, andUnemployment butnotdeductions Insurance, forUnionDues, CPLRSect5240ModificationorProtective Order: Supervision ofEnforcement. Atanytime,theJudgment Debtor may Insurance Plans,etc.) makea Motionto a CourtforanOrderdenying,limiting,conditioning, regulating, theuseof anypost- extending judgment enforcement procedures, theuseofincome including executions. GROSS INCOME Grossincome is alary,wagesorotherincome, anyandallovertime including eamings, andincome commissions, fNm trusts,before anydeductionsaremadefromsuchincome. 2 of 2