Lesiak v. Beneficial Commercial Corp.

Appellate Division of the Supreme Court of New York

Lesiak v. Beneficial Commercial Corp.

101 A.D.2d 672, 475 N.Y.S.2d 566, 1984 N.Y. App. Div. LEXIS 18212

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 26, 1984

StatusPublished

Cited by2 cases

This text of 101 A.D.2d 672 (Lesiak v. Beneficial Commercial Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lesiak v. Beneficial Commercial Corp., 101 A.D.2d 672, 475 N.Y.S.2d 566, 1984 N.Y. App. Div. LEXIS 18212 (N.Y. Ct. App. 1984).

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Opinion

Appeal from that part of a judgment of the Supreme Court at Special Term (Torraca, J.), entered September 29, 1983 in Sullivan County, which partially denied petitioners’ application pursuant to CPLR 5239 to vacate the execution issued by respondent with respect to petitioners’ pension prrceeds. K Petitioners moved by order to show cause for an order pursuant to CPLR 5239 vacating, inter alia, an execution issued by respondent in enforcement of a money judgment on the grounds that their funds in checking account No. 601-00526-1 of the Ellenville Savings Bank were exempt property. Special Term found that petitioners failed to establish [673]*673any exemption with respect to the proceeds of an American Can Company pension in that account and denied that portion of the relief requested. H We find that Special Term was correct in reaching the conclusion that it did based on the evidence presented to it. The material presented outside the record in petitioners’ brief cannot be considered on this appeal. ¶ Judgment affirmed, without costs. Casey, J. P., Weiss, Mikoll, Yesawich, Jr., and Levine, JJ., concur.

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Appeal from that part of a judgment of the Supreme Court at Special Term (Torraca, J.), entered September 29, 1983 in Sullivan County, which partially denied petitioners’ application pursuant to CPLR 5239 to vacate the execution issued by respondent with respect to petitioners’ pension prrceeds. K Petitioners moved by order to show cause for an order pursuant to CPLR 5239 vacating, inter alia, an execution issued by respondent in enforcement of a money judgment on the grounds that their funds in checking account No. 601-00526-1 of the Ellenville Savings Bank were exempt property. Special Term found that petitioners failed to establish [673]*673any exemption with respect to the proceeds of an American Can Company pension in that account and denied that portion of the relief requested. H We find that Special Term was correct in reaching the conclusion that it did based on the evidence presented to it. The material presented outside the record in petitioners’ brief cannot be considered on this appeal. ¶ Judgment affirmed, without costs. Casey, J. P., Weiss, Mikoll, Yesawich, Jr., and Levine, JJ., concur.

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Bluebook (online)

101 A.D.2d 672, 475 N.Y.S.2d 566, 1984 N.Y. App. Div. LEXIS 18212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lesiak-v-beneficial-commercial-corp-nyappdiv-1984.

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