TOOKES v. NEW YORK CITY PARKING VIOLATIONS BUREAU


243 A.D.2d 265 (1997)

663 N.Y.S.2d 28

Willie Tookes, Respondent, v. New York City Parking Violations Bureau, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 7, 1997


Respondent contends that it is not "garnishing" petitioner's disability benefits in violation of the exemption under CPLR 5222 (e) since after the Administrative Law Judge denied his motion to vacate the default judgments, petitioner, who at the time was living in a homeless shelter and has not appeared on appeal, was receiving $788 a month in disability payments and voluntarily entered into a payment plan, under which he made a down payment of $1,800 and agreed to pay $100...

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