Upon the foregoing papers this application to vacate a wage assignment is denied, without prejudice. Petitioner alleges that the assignment executed in 1946 has at no time been filed in the County Clerk's office but that a copy thereof was served in January, 1956, upon his employer. Respondent submits only a memorandum in opposition, contending that, whatever petitioner's rights in a plenary action, no relief is available on these facts...
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