Preview
FILED: WARREN COUNTY CLERK 04/15/2022 11:13 AM INDEX NO. EF2020-68515
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/15/2022
SUPREME COURT OF THE STATE OF NEW YORK
OF WARREN
COUNTy
GLENS FALLS HOSPITAL INCOME EXECUTION
Plaintiff, Index No. EF2020-68515
- "9ª'""' -
RETURNE SATISFIED
PENNY GATES
Defendant(s) Warren County Sheriff's Office
1400 State RL 9
Lake George, NY 12845
THE PEOPLE OF THE STATE OF NEW YORK
TO THE ENFORCEMENT OFFICER, GREETING:
A judgment was entered in the within court in favor of the Plaintiff and the particulars are as follows:
ENTRY DATE JUDGMENT AMOUNT PRINCIPAL BALANCE PLUS INTEREST FROM
3/29/2021 $4,256.80 $4,256.80 3/30/2021
Z
THIS EXECUTION IS ISSUED AGAINST PENNY GATES
whose last known address is: 8 QUEENSWAY
QUEENSBURY, NY 12804
And who is or will be receiving more than $217.50 (federal minimum wage) or $375.00 (state minimum wage) per week
disposable earnings from:
ANGIODYNAMICS INC.
14 PLAZA DR LATHAM
LATHAM, NY 121102166
If this is a City Court judgment, a transcript has been filed in the County of Warren on .
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 § 5231.
DIRECTIONS TO JUDGMENT DEBTOR: You are notified and commanded immediately to start payment 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 I.
Limitations on the amount that can be withheld, below) 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 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.
DIRECTIONS TO THE EMPLOYER: You are commanded to withhold and pay over to the Enforcement Officer serving a copy of this
Income Execution on you: installments amounting to 10% (but no more thari the Federal limits set forth in I. Limitations on the amount
that can be withheld, below) of any and all salary, wages or other income, in ng any and all overtime earnings, commissions or
other irregular compensation now or hereafter becoming due to Judg D bt he gme with interest and the fees and
expenses of this Income Execution are fully paid and satisfied
Dated: November 8, 2021
Brian S. Stro I, Esq.
'21NOV 23 Overton, Rus and Donovan, LLP
AM8:59
WARREN COUNTY SHERIFF Attomey for Judgment Creditor
19 Executive Park Dr.
Clifton Park, New York 12065
(518) 383-4876
Account No. 31717902
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FILED: WARREN COUNTY CLERK 04/15/2022 11:13 AM INDEX NO. EF2020-68515
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/15/2022
Important Statement
Th, income execution directs the withholding of up to 10 percent of the judgment debtors gross income. In certain cases,
however, state or federal law does not permit the withholding of that much of the judgment debtors gross income. The judgment
debtor is referred to New York Civil Practice Law and Rules § 5231 and 15 United States Code § 1671 et seq.
I. LIMITATIONS ON THE AMOUNT THAT CAN BE WITHHELD
A. An income execution for installments from a judgment debtors gross income cannot exceed ten percent (10%) of the
judgment debtors gross income.
B. If a judgment debtors weekly disposable eamings are less than thirty (30) times the current federal minimum wage ($7.25
per hour, or $217.50) or the New York State minimum wage ($12.50 per hour, or $375.00), no deduction can be made from the
judgment debtors earnings under this income execution.
C. A judgment debtors weekly disposable eamings cannot be reduced below the amount arrived at by multiplying thirty (30)
times the current federal minimum wage ($7.25 per hour, or $217.50) or the New York State minimum wage ($12.50 per hour, or
$375.00) under this income execution.
D. If deductions are being made from a judgment debtors eamings under any orders for alimony, support or maintenance for
family members or former spouses, and those deductions equal or exceed tweny-five percent (25%) of the judgment debtors
disposable earnings, no deduction can be made from the judgment debtors earnings under this income execution.
E. If deductions are being made from a judgment debtors eamings under any orders for alimony, support or maintenance for
family members or former spouses, and those deductions are less than twenty-five percent (25%) of the judgment debtors disposable
earnings, deductions may be made from the judgment debtors eamings under this income execution. However, the amount arrived at
by adding the deductions from earnings made under this execution to the deductions made from earnings under any orders foU
alimony, support or maintenance for family members or former spouses cannot exceed twenty-five percent (25%) of the judgrnent
debtors disposable earnings.
NOTE: Nothing in this notice limits the proportion or amount which may be deducted under order for alimony,
support or maintenance for family members or former spouses.
II. EXPLANATION OF LIMITATIONS
Definitions.
Disposable Earnings - Disposable eamings are that part of an individual's eamings left after deducting those amounts that are
required by law to be withheld (for example, taxes, social security and employment insurance, but not deductions for union dues,
insurance plans, etc.).
Gross Income - Gross income is salary, wages or other income, including any and all overtime earnings, commissions, and
income from trusts, before any deductions are made from such income.
Illustrations regarding earnings:
. Amount to pay or deduct from earnings
If disposable earnings is:
under this income execution is:
(a) 30 times the greater of the federal minimum wage ($217.50*) No payment or deduction allowed.
or the New York State minimum wage ($375.00*) or less
(b) more than 30 times the greater of the federal minimum wage The lesser of: the excess over the greater of 30 times the
($217.50*) or the New York State minimum wage ($375.00*) federal minimum wage ($217.50*) or the New York State
and less than 40 times the greater of the federal minimum wage minimum wage ($375.00*) in disposable earnings, oh10%
($290.00*) or the New York State minimum wage ($500.00*) of gross earnings.
(c) 40 times the greater of the federal minimum wage ($290.00*) The lesser of: 25% of disposable eamings or 10% of
or the New York State minimum wage ($500.00*) or more gross earnings.
* Based upon $7.25 federal minimum wage effective July 24, 2009 and the $12.50 New York State minimum wage
effective December 31, 2020. Recalculate and insert correct figures when the minimum wage changes.
Note: Italicized language added by publisher in accordance with revisions to CPLR § 5231(b) effective January 1, 2009.
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FILED: WARREN COUNTY CLERK 04/15/2022 11:13 AM INDEX NO. EF2020-68515
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/15/2022
Ill . NdTl0E: 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 by state and 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 earnings. 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 modifying an 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 any post- judgment enforcement procedure, including the use of income
executions.
NOTICE
Pursuant to CPLR § 5205(1), $3,000 of an accountcontaining 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 $3,000 in such an account.
Pursuant to CPLR § 5222(i), an execution shall not apply to an account equal 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.
331130 8'T112328 YTRUOD M3HRAW
liaM behitr93 A 1stu292 sania tatti ( )
liaM bailins3 egn18 bmma ( )
nod 2ndl ( )
noijuasza ynsqo13 ( )
'I
Return (for Sheriff's or Marshal's use only)
ENDORSEMENTS
Time & Date Sheriff's Endorsement
Income Execution Received
Served on Judgment Debtor
Served on Gamishee
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FILED: WARREN COUNTY CLERK 04/15/2022 11:13 AM INDEX NO. EF2020-68515
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/15/2022
WARREN COUNTYSHERIFFSQFFICE
20d First Stage Regular & Certified Mail 1 6
Second Stage Certified Mail D ? 2.
( ) Bank Levy
( ) Property Executio
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FILED: WARREN COUNTY CLERK 04/15/2022 11:13 AM INDEX NO. EF2020-68515
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/15/2022
Supreme COURT OF THE STATE F NEW YORK
COUNTY OF Warren
Glens Falls Hospital
, Index No.
EF2020-68515
, J.)
Plaintiffs,
- against
Penny Gates
Defendants.
REDACTION COVER PAGˆ
CHECK ALL THAT APPLY:
The document filed contains no confidential personal information, as defined in 22 NYCRR 202..5(e).
The document filed is REDACTED in accordance with 22 NYCRR 202.5(e).
The document filed is UN-REDACTED in accordance with 22 NYCRR 202.5(e).
(a) The document filed contains SSN (as authorized by the order specified below).
(b) The document filed contains confidential personal information as defined
under 22 NYCRR 202.5(e) (as authorized by the order specified below).
This document was previously filed REDACTED.
Date:
This document was previously filed UN-REDACTED.
Date:
The document filed seeks a remedy under 22 NYCRR 202.5(e)(2).
The document filed seeks a remedy under 22 NYCRR 202.5(e)(3).
Additional information
There is a previously filed order of the;Cour.t regarding.this do)ument:
Date of order:
Date order filed:
Other identifying information for such order:
.s The order òf the Court.is beirig filed with the redacted / un-redac ed document: O yes/O no .
Date of order:
Other identifying information for such order:
sigsatire of filer: Warren Codrity Sheriff Civil Office
. -- '
·Print Name:
Counsel appearing for: (name of par ty)
Óer is LinrepreseIted / Prfse: O O no
Date 03/16/2022
5 of 5
Preview
FILED: WARREN COUNTY CLERK 04/15/2022 11:13 AM INDEX NO. EF2020-68515 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/15/2022 SUPREME COURT OF THE STATE OF NEW YORK OF WARREN COUNTy GLENS FALLS HOSPITAL INCOME EXECUTION Plaintiff, Index No. EF2020-68515 - "9ª'""' - RETURNE SATISFIED PENNY GATES Defendant(s) Warren County Sheriff's Office 1400 State RL 9 Lake George, NY 12845 THE PEOPLE OF THE STATE OF NEW YORK TO THE ENFORCEMENT OFFICER, GREETING: A judgment was entered in the within court in favor of the Plaintiff and the particulars are as follows: ENTRY DATE JUDGMENT AMOUNT PRINCIPAL BALANCE PLUS INTEREST FROM 3/29/2021 $4,256.80 $4,256.80 3/30/2021 Z THIS EXECUTION IS ISSUED AGAINST PENNY GATES whose last known address is: 8 QUEENSWAY QUEENSBURY, NY 12804 And who is or will be receiving more than $217.50 (federal minimum wage) or $375.00 (state minimum wage) per week disposable earnings from: ANGIODYNAMICS INC. 14 PLAZA DR LATHAM LATHAM, NY 121102166 If this is a City Court judgment, a transcript has been filed in the County of Warren on . 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 § 5231. DIRECTIONS TO JUDGMENT DEBTOR: You are notified and commanded immediately to start payment 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 I. Limitations on the amount that can be withheld, below) 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 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. DIRECTIONS TO THE EMPLOYER: You are commanded to withhold and pay over to the Enforcement Officer serving a copy of this Income Execution on you: installments amounting to 10% (but no more thari the Federal limits set forth in I. Limitations on the amount that can be withheld, below) of any and all salary, wages or other income, in ng any and all overtime earnings, commissions or other irregular compensation now or hereafter becoming due to Judg D bt he gme with interest and the fees and expenses of this Income Execution are fully paid and satisfied Dated: November 8, 2021 Brian S. Stro I, Esq. '21NOV 23 Overton, Rus and Donovan, LLP AM8:59 WARREN COUNTY SHERIFF Attomey for Judgment Creditor 19 Executive Park Dr. Clifton Park, New York 12065 (518) 383-4876 Account No. 31717902 1 of 5 FILED: WARREN COUNTY CLERK 04/15/2022 11:13 AM INDEX NO. EF2020-68515 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/15/2022 Important Statement Th, income execution directs the withholding of up to 10 percent of the judgment debtors gross income. In certain cases, however, state or federal law does not permit the withholding of that much of the judgment debtors gross income. The judgment debtor is referred to New York Civil Practice Law and Rules § 5231 and 15 United States Code § 1671 et seq. I. LIMITATIONS ON THE AMOUNT THAT CAN BE WITHHELD A. An income execution for installments from a judgment debtors gross income cannot exceed ten percent (10%) of the judgment debtors gross income. B. If a judgment debtors weekly disposable eamings are less than thirty (30) times the current federal minimum wage ($7.25 per hour, or $217.50) or the New York State minimum wage ($12.50 per hour, or $375.00), no deduction can be made from the judgment debtors earnings under this income execution. C. A judgment debtors weekly disposable eamings cannot be reduced below the amount arrived at by multiplying thirty (30) times the current federal minimum wage ($7.25 per hour, or $217.50) or the New York State minimum wage ($12.50 per hour, or $375.00) under this income execution. D. If deductions are being made from a judgment debtors eamings under any orders for alimony, support or maintenance for family members or former spouses, and those deductions equal or exceed tweny-five percent (25%) of the judgment debtors disposable earnings, no deduction can be made from the judgment debtors earnings under this income execution. E. If deductions are being made from a judgment debtors eamings under any orders for alimony, support or maintenance for family members or former spouses, and those deductions are less than twenty-five percent (25%) of the judgment debtors disposable earnings, deductions may be made from the judgment debtors eamings under this income execution. However, the amount arrived at by adding the deductions from earnings made under this execution to the deductions made from earnings under any orders foU alimony, support or maintenance for family members or former spouses cannot exceed twenty-five percent (25%) of the judgrnent debtors disposable earnings. NOTE: Nothing in this notice limits the proportion or amount which may be deducted under order for alimony, support or maintenance for family members or former spouses. II. EXPLANATION OF LIMITATIONS Definitions. Disposable Earnings - Disposable eamings are that part of an individual's eamings left after deducting those amounts that are required by law to be withheld (for example, taxes, social security and employment insurance, but not deductions for union dues, insurance plans, etc.). Gross Income - Gross income is salary, wages or other income, including any and all overtime earnings, commissions, and income from trusts, before any deductions are made from such income. Illustrations regarding earnings: . Amount to pay or deduct from earnings If disposable earnings is: under this income execution is: (a) 30 times the greater of the federal minimum wage ($217.50*) No payment or deduction allowed. or the New York State minimum wage ($375.00*) or less (b) more than 30 times the greater of the federal minimum wage The lesser of: the excess over the greater of 30 times the ($217.50*) or the New York State minimum wage ($375.00*) federal minimum wage ($217.50*) or the New York State and less than 40 times the greater of the federal minimum wage minimum wage ($375.00*) in disposable earnings, oh10% ($290.00*) or the New York State minimum wage ($500.00*) of gross earnings. (c) 40 times the greater of the federal minimum wage ($290.00*) The lesser of: 25% of disposable eamings or 10% of or the New York State minimum wage ($500.00*) or more gross earnings. * Based upon $7.25 federal minimum wage effective July 24, 2009 and the $12.50 New York State minimum wage effective December 31, 2020. Recalculate and insert correct figures when the minimum wage changes. Note: Italicized language added by publisher in accordance with revisions to CPLR § 5231(b) effective January 1, 2009. 2 of 5 FILED: WARREN COUNTY CLERK 04/15/2022 11:13 AM INDEX NO. EF2020-68515 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/15/2022 Ill . NdTl0E: 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 by state and 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 earnings. 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 modifying an 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 any post- judgment enforcement procedure, including the use of income executions. NOTICE Pursuant to CPLR § 5205(1), $3,000 of an accountcontaining 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 $3,000 in such an account. Pursuant to CPLR § 5222(i), an execution shall not apply to an account equal 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. 331130 8'T112328 YTRUOD M3HRAW liaM behitr93 A 1stu292 sania tatti ( ) liaM bailins3 egn18 bmma ( ) nod 2ndl ( ) noijuasza ynsqo13 ( ) 'I Return (for Sheriff's or Marshal's use only) ENDORSEMENTS Time & Date Sheriff's Endorsement Income Execution Received Served on Judgment Debtor Served on Gamishee 3 of 5 FILED: WARREN COUNTY CLERK 04/15/2022 11:13 AM INDEX NO. EF2020-68515 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/15/2022 WARREN COUNTYSHERIFFSQFFICE 20d First Stage Regular & Certified Mail 1 6 Second Stage Certified Mail D ? 2. ( ) Bank Levy ( ) Property Executio 4 of 5 FILED: WARREN COUNTY CLERK 04/15/2022 11:13 AM INDEX NO. EF2020-68515 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/15/2022 Supreme COURT OF THE STATE F NEW YORK COUNTY OF Warren Glens Falls Hospital , Index No. EF2020-68515 , J.) Plaintiffs, - against Penny Gates Defendants. REDACTION COVER PAGˆ CHECK ALL THAT APPLY: The document filed contains no confidential personal information, as defined in 22 NYCRR 202..5(e). The document filed is REDACTED in accordance with 22 NYCRR 202.5(e). The document filed is UN-REDACTED in accordance with 22 NYCRR 202.5(e). (a) The document filed contains SSN (as authorized by the order specified below). (b) The document filed contains confidential personal information as defined under 22 NYCRR 202.5(e) (as authorized by the order specified below). This document was previously filed REDACTED. Date: This document was previously filed UN-REDACTED. Date: The document filed seeks a remedy under 22 NYCRR 202.5(e)(2). The document filed seeks a remedy under 22 NYCRR 202.5(e)(3). Additional information There is a previously filed order of the;Cour.t regarding.this do)ument: Date of order: Date order filed: Other identifying information for such order: .s The order òf the Court.is beirig filed with the redacted / un-redac ed document: O yes/O no . Date of order: Other identifying information for such order: sigsatire of filer: Warren Codrity Sheriff Civil Office . -- ' ·Print Name: Counsel appearing for: (name of par ty) Óer is LinrepreseIted / Prfse: O O no Date 03/16/2022 5 of 5