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DISTRESSED HOLDINGS v. EHRLER

2011-03673

113 A.D.3d 111 (2013)

976 N.Y.S.2d 517

2013 NY Slip Op 8044

DISTRESSED HOLDINGS, LLC, Respondent, v. RHONDA EHRLER, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 4, 2013.

Attorney(s) appearing for the Case

Adam E. Mikolay, PC. , East Meadow, for appellant.

Joel S. Stuttman, P.C. , White Plains ( Dennis Murphy of counsel), for respondent.

ANGIOLILLO, J.P., DICKERSON and COHEN, JJ., concur.

OPINION OF THE COURT

HALL, J.

The Exempt Income Protection Act (L 2008, ch 575) was enacted in 2008 for the purpose of protecting judgment debtors from the restraint or execution of certain income which is exempt from debt collection by federal and state law. A major component of the Exempt Income Protection Act was the enactment of CPLR 5222-a, which includes strict procedural rules requiring service of exemption notices and exemption claim forms. Insofar...

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