Prior v. Cunningham

Appellate Division of the Supreme Court of New York

Prior v. Cunningham

33 A.D.2d 853, 306 N.Y.S.2d 22, 1969 N.Y. App. Div. LEXIS 2611

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

DecidedDecember 11, 1969

StatusPublished

Cited by1 cases

This text of 33 A.D.2d 853 (Prior v. Cunningham) 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

Prior v. Cunningham, 33 A.D.2d 853, 306 N.Y.S.2d 22, 1969 N.Y. App. Div. LEXIS 2611 (N.Y. Ct. App. 1969).

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Opinion

Reynolds, J.

Appeal from an order of the County Court, Broome' County, granting respondent’s motion for an installment payment order against appellant ('CPLR 5226). Sections 137 and 137-a of the 'Social Services Law do not preclude the granting of the instant order. These sections exempt all public assistance and all wages, salary, commissions, or other compensation paid to public assistance recipients from levy or execution. However, we construe no intent on the part of the legislature in enacting sections 137 and 137-a to exempt recipients of public welfare assistance entirely from any levy and execution. It is only as to those funds specifically enumerated in these statutes that levy or execution is precluded. As to other sources of income not made immune by sections 137 and 137-a, the instant order is still applicable. Accordingly, the order must be affirmed. Order affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by Reynolds, J.

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Reynolds, J.

Appeal from an order of the County Court, Broome' County, granting respondent’s motion for an installment payment order against appellant ('CPLR 5226). Sections 137 and 137-a of the 'Social Services Law do not preclude the granting of the instant order. These sections exempt all public assistance and all wages, salary, commissions, or other compensation paid to public assistance recipients from levy or execution. However, we construe no intent on the part of the legislature in enacting sections 137 and 137-a to exempt recipients of public welfare assistance entirely from any levy and execution. It is only as to those funds specifically enumerated in these statutes that levy or execution is precluded. As to other sources of income not made immune by sections 137 and 137-a, the instant order is still applicable. Accordingly, the order must be affirmed. Order affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by Reynolds, J.

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Bluebook (online)

33 A.D.2d 853, 306 N.Y.S.2d 22, 1969 N.Y. App. Div. LEXIS 2611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prior-v-cunningham-nyappdiv-1969.

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