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MTR. OF BENEFICIAL FIN. CO. (SKINNER)

43 Misc.2d 546 (1964)

In the Matter of Beneficial Finance Company of New York, Inc., Petitioner. Albert W. Skinner, Monroe County Sheriff, Respondent; David O. Baker, Judgment Debtor.

Supreme Court, Monroe County.

July 21, 1964

Attorney(s) appearing for the Case

Harold F. Curtis for petitioner. Donald Harris for Albert W. Skinner, Monroe County Sheriff, respondent.

G. ROBERT WITMER, J.

This is a proceeding under CPLR 5239 to determine priority as between an income levy under 5231 of said act and a wage assignment under article 3-A of the Personal Property Law.

It appears without dispute that on July 12, 1963 one David O. Baker, a resident of Monroe County, borrowed money from petitioner and gave as security a wage assignment. When said Baker was more than 21 days...

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