Preview
FILED: CATTARAUGUS COUNTY CLERK 01/26/2023 11:26 AM INDEX NO. 90448
NYSCEF DOC. NO. 12 (NTEREST SHALL BE ACCRUED AT THE RATE OF 2.00% RECEIVED NYSCEF: 01/26/2023
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CATTARAUGUS
INCOME EXECUTION
MEHMM 90M8/21
JUDGMENT CREDITOR(S) CONSUMER 3lucame Execution
DEBT
LM FUNDMG LLC
Installments paid to..-.........--.........................
Idatel
ved. 12,.20.% .at.46 have satisf led the judgment to the extent of
Sheriff, Cattacaditm COUnty -------principd and
$................................................--...interest
JUDGMENT DEBTOR(S) Name and Last Known Address ...............................................................................
, County
Returned to the judgment creditor or his
GENNIFER L GARRISON -- attorney on ...........................................because of
87 P TONEER LN
DELEVAN, NY 14 042 -9518 to find garnishee in the county.
inability
THE PEOPLE OF THE STATE OF NEW YORK ACMU & p8M88m
TO THE ENFORCEMENT OFFICER, GREETING: The enforcedieht Öffider'fs 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 NEWYORK
COUNTYOF CATTARAUGUS ), ( 90448/21 ) in favor of the judgment creditor and the particulars are as follows:
Entry Date Judgment Amount Judgment Due Amount Plus Interest from Transcript Filed County Filed
06/06/2022 $10,094.71 $10,094.71 06/06/2022
This Execution is issued against JENNIFER L GARRISON
, whose last known address is 87 PIONEER LN DELEVAN, NY 14042 -9518
whose Social Security Number is and who is or will receive a minimum of $396 as per Section I on the Reverse side.
Notice to the Employer
Employer: CATHOLIC HEALTH SYSTEM
Corporate Payroll Address: If payroll is processed by your Corporate Office
please forward this garnishrnent to them.
ATT: PAYROLL
144 GENESEE STREET
suFFALO, NY 14203 If you require a Social Number to identify
Security
New York Service Address: the judgInent debtor, please contact Forster & GarbuS
144 GENESEE STREET at 1-800-245-9943, EXT 107.
BU FFALO NY 14203
(716) 826-7000
You are direeted 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 523L
Directions to Judgment Debtor: You are notified and commamied 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 Enforc ent Officer serving a copy of this INCOME EXECUTION
on you· installments amounting to 10% (but no more than the Federal limits se orth inL 'ons on the ,amount that can be witbheld, on attached
of any and all salary, wages or other income. including any and all ove ee s, c issions or'other irregular compensation now or hereafter
becoming due to Judgment Debtor until the judgment with inte an pe ses 1-s INCOME EXECUTION are fully paid and satisfied.
DATED: 8/03/22 A
essE G er / y Gavlik / Michael DiGiaro / Michael Florio
Attorney(s) for Judgment Creditor Forster & Garbus P
Office and Post Office Address 60 Motor Parkwa
P.O. Box 9030
Telephone: (631) 393-9400 Commack, N.Y. 725-9030
(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_OR1G
FILED: CATTARAUGUS COUNTY CLERK 01/26/2023 11:26 AM INDEX NO. 90448
NYSCEF
Pursuant DOC.(1)NO.
tosubdwision 12
ofseclion
filly-two
hundedfiveoftheCivilPractics
LawandRules,
threethousand
doRars
of A.LUSTRATIONS: RECEIVED NYSCEF: 01/26/2023
anyaccount directdeposit
containing orelectronio
payments reasonaMy identifiable
asstatutorily
exempt
payments, as IFDISPOSABLE
EARNINGS
IS: AMOEINT TOPAYORDED1JCT FROM EARNINGS
defined twoofsubdivision
in paragraph fifty-two
(1)of sacUon hundred EveoftheCM1Practice LawRules,is exempt UNDER TWSINCOME EXECUTION IS:
famexecutionandthatthegamiaheecannotlevyuponorrestrainthreethousand dolfara
inauchaccount. A.3Dlinesthegreaterof 1)thirty(30)timesthecurrent NoPayment ordeduction alowed.
federalminimum wage, ($7.25perhouror$217.50 (2)
Furgher. pursuant to subdivisiort (1) of sectionfifty-twohundred twenty-teo1theCMIPractice LawandRules.an theNewYorkState rranrrnum wageof$13.20per uror
execution shaEnotapplytoanamount equalto orlessthanninetypercent ofthegreateroftwohundred fortytimesthe Jn as tab hmerds
federalminimum hourwageprescribed inFairLelerStandards Actof1938ortwohundred fortytimes thestate minirnum e yedin NewYorkCityor Westchester, Nassau or
hourlywageprescribed insection aixhundred lifty-bao ofthelaborIawasIneffectatthefirnetheeamings arepayable. Courdies or (3)theNewYorkStateminimum wage
exceptauchpartasacourtdetermines tobeunnecessary forthereasonable requirements ofthejudgement debtor and of$15.0D perhouror S450.00 forJudgment DeNors who
hisorherdependenis. areNOTIastfoode in fastfoodestablishments
focated in NewYork ndwhoareemployed in New
YorkCity theNewYorkStaterrinimurn wageof$15-OD
APPENDfX A-REViSED perhour o r 450.00 for Judgrnent Debtors whoareNOT
fastfoodemployees in fastfoodestabEshments andwho
areernployed in Westchester County.(5) TheNewYok
NoticeofJirdgment Debtorreceiving income execution, TNsIncome Execution directsthewithholding ofupto10%ofthe Stateminlinum wega of $15.00perhouror S450.00 Ior
udgment debtorsgrossincoma. hi certain cases.however. StateorFederal Lawdoesnotperrriit thewithhokiing ofthat Judgment Debtors whoareIastfoode as in fast
muchoftheJudginent Debtors grossincome. TheJudgrnent Debtor 1sreferred toNewYoACivilPractice LewandRules foodestablishments located inNewYork 6}theNew
sect5231and15United States CodeSect.1871etseq. 8 00 er u o O
foodestablishments located outside NewYorkCity,or
(T)TheNewYork Statanintraurn wageofS15.00 perhour
LLIMITATIONS ONTHEAMOUNT THATCANBEWITHHELD: or $45D.00 forJudginent Debtore whoareemphyed by
A.Anincome executionbr installments fmmaJudgment Debtcr's grossincome cannotexceed tenpercent (10%)ofthe NewYorkStateor agenciesof the NewYorkState
Judgment Debtors grossincome. Department of Lawor OfliceoftheComptroBer, focated in
NewYorkCity,or (8)TheNewYorkStaterninimum wage
5.00pe u o
B.Nodeductions cartbemadefrointheJudgment Debtora eamings underthisincome execution if aJudgment Debtors Stateor es t e
weekly disposaMe eamings arelessthanthegreater of York artrnent ofLaworOiliceoftheCo Iler,
locatedouts oftheCityofNewYork,(9)The York
(1)thirty(3D)tirnesthecurrent federal minimurn wage($7.25perhouror$217.60); or Stateminimum wageof $15.0D perhourof $450.00 for
JudgmentDebtorswho are emplo by the State
10N o (10 udgStateni
(2)theNewYorkSisteminimurn wageof$13.2D perhouror $396JDO forJudgment Debtors whoareNOTInstfood W e Th450 O
employees infastIoodestabishments orarenotemployed inNewYorkCityorWestchester, Nassau orSuffolk Counties; whoareemployed Inbusinesses withten(10)employees
or orleaeIocated InNewYorkCity.
(3)theNewYorkStaterninimum wageof$15.00perhouror$450.00 forJudgment Debtors whoareNOTfastbad B.morethan3Dtimesandlessthan40timesthegreater Thetosseroflheexcessoverthegreaterof-(1)thirty
employees infastfoodestablishments bcatedinNewYad Cityandwhoareemployed inNewYorkCity of 1hirty (30)tirnesthecurrentfederalminimum wage (30)tunesthecurrent federal minimum wa 7.2i per
(5 perhouror $217.50);or (2)theNewYorkState houror 5217.50)c or (2)theNewYork rmnunum
theNewYork State minimum w age of$15.00 perhouror$450.00 minimumwageof $13.20per houror $396.00for wage of $1320perhouror $396.00for Judgment
(4) f orJudgment Debtors W ho areNOT feetfood Judginent Debtors whoareNOTfastfoodemployees in Debtom whoareNOTfastfoodemployees or in fast
employees infastfoodestablishments, andwhoareenybyedinWestchester. Nassau orSuffolk County- fastfoodestablishinents orarenotemployed inNewYork tod establishments or arenotor amployed in New
Cityor Westchester, Nassau or SuffolkCounties: (3)the YorkCityorWestchester, Nassau, orSuffolkCounties.
(5) TheNewYorItStateminimum wageof$15.00perhouror8450.00 forJudgment DeMore whoarefastfoodemployees NewYorkStateminimum wageof 515.00per hour or(3)theNewYorkStateininimum wageof$15.00per
Infastfoodestablishments located inNewYorkCity $450mfor Judgment Debtors whoareNOTfastbod houror$450.00 for mentDebtors whoareNOTrast
employees in fast foodestablishments locatedin New loodernphyees m foodestaMishments locatedin
theNew YokState minknum wage of$15.00 p erhour o r$450.00 f orJudgrnent DeMora who arefastfood employees YorkCityandwhoareemployed inNewYad City(4)the NewYo±Cityandwhoareemployed in NewYorkCity
(6) NewYok Staterrinimumwageof $15.0Dperhouror (4)theNewYorkStateininimum wageof $15.0D per
infastfoodam-its located ou1side NewYorkCity,or $450.0D forJudginentDeblors whoareNOTfast food houror $450.00 forJudgrnent Debtore whoareNOT
employees in fast (bod eslablishments. endwhoare fastfoodemployees In fastfoodestablishrnents, and
(7)TheNewYorkStateminimum wageof$15.00perhouror3450.00 forJudginent Debtora whoareemployed by New emp edin Westchester, Nassau or SulTolk County.(5) whoareemployed in Westcheeler, Nassau or Suffolk
YorkStateoragencies oftheNewYorkStateDepartment ofLaworOfficeoftheCornpDoller, tocated inNewYokCity,or The YodStaterrinimum wageofS15.00 perhouror County.(5) the NewYorkStateminimurn wageof
$450forJudgment Debtors whoarefastfood eas $15.00perhourof$450.00 for Judgment Debtors who
State wage perhouror$45D.00 Infastfoodestablishments located i n New Yo6 . (S) amfastfoodemployees in fastfoodestablishments
(B)TheNew York minimHn of$15.00 IbrJudgment Debtora who areemployed by New theNewYorkStateninfrnum wageof$15,00perhouror locatedin NewYorkCity. (6) TheNewYorkState
YorkStateoragencies oftheNewYorkStateDepartment ofLaworOfficeoftheCompgroller, located outside oftheCity $450.00for JudginentDahlorewho are fast food ninimurnwageof $15.00per houror $450.00for
ofNewYork, arnployees in fast foodestablishments focatedoutside JudgmentDeblera whoarefastfoodemployees infast
NewYorkCity,or (7)TheNewYorkStateininimum wage foodestablishments locateoutsideNewYo&City,or
( The w York minimurn wage of$15m perhourof$450.00 f or Judg m entD ebinrs w hoareerrgloyed by the o $ r r or$450.00 f orJudgment Debtors who ) TheN S to nimum of$1 per
YorkStateoragencies oftheNewYorkStateDepartmenta NewYo2 Stateor aganciesoftheNew
of Lawor Olileeofthe Comptroller, located in NewYork Yo to partment of theCornplroller, Incated in
(10)TheNewYorkStateminimum wageof$15m perhouror $450.00 forJudgmentDebtors whoareemployed In City.or (8)TheNewYorkStateminimum wageof$15.00 NewYorkCity,or (8) TheNewYok Stateminimum
businessee withten(10)emphyees orlesslocated inNewYorkCity.. per houror $450.00for Judgment Debtorswho are Wageof$15mperhouror$4SD.00 forforJudgment
ernployed byNewYorkStateoragencies oftheNewYork Debtorswhoare employed by NewYo4 Stateor
C.A Judg mentDebtors weekly disposable eamings oruferthisincome executbn cannotbereduced belowtheamount StataDepadment of Lawor Mce of the Comptroller,agrencies oftheNewYodStateDepartrnent ofLawor
of located outside oftheCityofNewYork.(9)TheNewYork OlliceoftheComptroller, tonated outsideoftheCityof
arrived atbymulliplying thirty(30)timesthegreater Stateminimum wageof $15.0D perhourof $450.00 for NewYork, TheNewYorkStateMnitrumwageof
JudgmentDebtorewho are employedby the State $15.00per of $450.00 forJudgment Debtore who
(1)thirty(30}tirnesthecurrent federa1 minimum wage(S72t5perhouror$217.50); or University ofNewYork,(10)TheNewLeworOlliceYoA are theStateUniv ofNewYork,(10)
atateininimum wageof$16.00perhourorof $450.00 for TheNew minimum $15mperhour
(2)theNewYet Stateminimum wageof$13.20perhouror$398.0D forJudgment Debtors whoareNOTfastfood Judgrnent Debtora whoareempleedInbusinessea with or$450mforJudgment Debtors area In
employeen infastfoodestablishmenta orarenotemployed inNewYorkCityorWestchester. Nassau orSullblkCounties·. ten(10)employees orloselocated NewYorkCity. Bus O yeaeor e
earmngs.
C.40timesthe aterol(1)thecurrentfederalminhnum
(3)theNewYodStateIninimum wageof$15m perhouror $450.00 forJudgment Debtors whoareNOTfastfood ($7.25per urperhouror $29D.00); or(2)1heNew
employees infeatfoodantablishments Jocated in NewYorkCityandwhoareemployed inNewYorkCity Yo State rinnimum w age of$13.20 p ernour o rSS28.00 Thelesser of25%of disposable eamings or 10%of
forJudgment Debtors whoareNOTfastfoodemployees in groseeammge
(4)theNewYorkStatemirimum wageof$15.00perhouror $450.00 forJudginent Debtors whoareNOTfastfood fastfood establishments orprenotemph inNew Yo&
employees infastfoodastabEshmenis, andwhoareemployed inWestchester, Nassau orSuffolk County. estchSte rnu e o $15.00 r ur or
$600.00for Judgment Debtors whoareNO fastfood
(5) TheNewYorkStateninimum wageof$15.00 perhouror$450.00 forJudgment Deblore whoarefastIpodemployees in fastfoodestabHohments locatedin New
infastfoodestatdishments located inNewYorkCity. York andwhoareengloyed in NewYorkCity(4)the
New Stateminirnum wageof $16.00perhouror
(6)theNewYorkStateminimum wageof$1S.00 perhouror$450.00 forJudgment Deblors whoarefastinodemployees $600m for_JudgmantDebtora whoareNOTfastfood
Infastfoodeeidishments loosted outside NewYorkCity,or W h r, a u ulfo Co ty.(
Th NewYomStateminimum wageof$15.00perhouror
(7)TheNewYokStatengn1rnum wageof$15.00perheir or$450.0D forJudgment Debtoss whoareornployed byNew $600.00Ior JudgmentDebtorswho are fast food
Yonk Stateoragencies oftheNewYork StateDepartment ofLaworORice oftheCompholler, located inNewYorkCity.or emplo in fastfoodestablishments locatedin New
York theNewYortStaterainimum wageoI$15.00
(8)TheNewYorkSlaleminimum wageof$15.00perhouror$450.00 IsrJudgment Debtore whoareemployed byNew hou R100. fo J men to whoa e
YokStateoragencies oftheNewYorkStateDeperiment ofLawor01800 oftheComptioller, located outsiseoftheCity outside NewYorkCity.or (7)TheNewYorktitateminirnum
ofNewYork. wageof$15.00 perhouror$6DD.00 forJudgment Debtors
whoareemployed by NewYo±Stateor agencies ofthe
(9) TheNew YorkState minimum w age of$15.00 perhourof$450.00 forJudgment Debtors whoareerapinyad bythe NewYorkStateDepadment of Lawor Otticeof the
StateUniversity ofNewYork, ComptroRer, located inNewYorkChy,or(B)TheNewYork
Stateminimum wageof $15.00perhouror $50D.00 for
(10)TheNewYorkStateminimum wageof$15.00perhouror $450mforJudgmentDebtore whoareemployed in menDe m a e owYo State
busineseen withteri(10)ernptoyees orTess l ocated i nNewYork City- OBiceof the ComptroRer, locatedoutsideof the Cityof
NewYork, ) TheNewYonkStateminimum wageof
D.Ifdeductions arebeingmadefroma.fudgment Debtorseaminge underanyorderofAlimony, Support orMaintenance $15.00per urof$600.00 forJudgmentDeblors whoare
forfamAy members orformer spouses. andthosedeductione equalorexceed twenty-tivepercent (25%)oftheJudgment empleedb e StateIJniversity of NewYork,(1 ) The
Deblo disposable eamings, nodeduction canbe inadefromtheJudgmentDebtor's eamings underthisincome m o $1 pe r r
- businesses withten(10)enylloyees ortesslocated mNew
YorkCity.
E.IIdeductions arebeingmade fromaJudgrnent Deblo'seamings underanyorderofAlimony, Support orMaintenance
Iorfamilymornbers orfounerspouses, andthosedeductions arelosethantwenty-five percent (25%)oftheJudgment M.NOrlCE- YOUNIAYBEABLETOCHALLENGE THISINCOME EXECUTION THROUGH TIEPROCEDURES
Dehto‘sdisposable eamings, deductions may be madefromthe Judginent Detdo‘searnings underthis income PROVIDED INCPLRSECT. S231(1) ANDSECT. 5240.
execution. However, theamount arrivedat by addingthedeductions fromeamings madeunderthisexecution to the [f youthiptthatthearnount of yourincorne beingdeducted underthisIncorne Execution exceeds theammunt
deductions madefromeamings Urufer anyordersfor Alimony, Support or Maintenance for Immity members or former permitted byStateorFederal Law,youshouldectpromptly because theInoney wiDbeapplied lothejudgment IIyou
spousee cannotexceed twenty-live (25%)of theJudgment Debtor's disposable eamings. Note:Nothing in thisnotice ofaimtheannuntofyourincome beingdeducted uriderthisEncome Executionexceeds theamount permittedbySlate
Emils theproportion oramount whichmaybededucted underanyorderforAlirnony. Support or Maintenance forfarniiy or Federal Law, y oushould contact your e mployer orother p ersonpayingy our income. you
Fmther, may consult an
members orformer apouses. attorney, including LegalAidif youqualify.NewYorkStateLawpmvides tumprocedures lhrough whichanincome
ExecuHon canhechalianged.
ILEXPLANATION OFLIMITATIONS
DEFINITIONS: CPLRSect5231(i) Modilicadon. At anytime,theJudgrnant Debtorinaymakea Motion10a CoultforanOrder
DISPOSABLE EARNINGS: modifying anIncome Execution.
Disposable eaming arethatpartofanindividuaF6 eemings leftafterdeducting thoseamounts thatarerequired by lawto
bewithheki(forexample, Taxes,SocialSecurity, andUnemployment Insurance, butnotdeductions forL3nion Dues, CPLRSectS240Modification orProtectiva CaterSupervialon ofEnforcement At anyEme, theJudgment Deblor may
Insurance Plans,etc.) makea Motionto a Courtforan Orderdenying, limiting, conditioning,
reguialing,extending theuseof anypost-
judgment enforcement procedures, including theuseofincome executions.
GROSS INCOME:
Grossincome is ealary,wages erotherincome, including anyandallovertirna eamings, cormissions. andkscome from
truste,before anydeductkms aremeda(mmauchincorne.
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