Pegalis v. Varelas

OPINION OF THE COURT

John S. Lockman, J.

Petitioner seeks an order pursuant to CPLR 7806 directing respondent Sheriff of Nassau County to afford petitioner priority with respect to an income execution as to which he is the judgment creditor over three income executions as to which respondent Nassau County Federal Credit Union is the judgment creditor.

It is undisputed that petitioner had priority pursuant to CPLR 5231 (subd [h]) by virtue of having first delivered the income execution to respondent Sheriff. For some period of time the judgment debtor apparently made installment payments at least…