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DAVID FISHLER, ap, v. SUSAN FISHLER, res

DAVID FISHLER, ap, v. SUSAN FISHLER, res — (INDEX NO. 648/98) Appeal by the plaintiff from an order of the Supreme Court, Nassau County (Sharon M. J. Gianelli, J.), dated July 25, 2016. The order denied the plaintiff's motion pursuant to CPLR 5240 to modify and limit an income execution directed by an order of that court dated June 26, 2013, by limiting it to no more than 10 percent of his income.

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DAVID FISHLER, ap, v. SUSAN FISHLER, res — (INDEX NO. 648/98) Appeal by the plaintiff from an order of the Supreme Court, Nassau County (Sharon M. J. Gianelli, J.), dated July 25, 2016. The order denied the plaintiff’s motion pursuant to CPLR 5240 to modify and limit an income execution directed by an order of that court dated June 26, 2013, by limiting it to no more than 10 percent of his income.

ORDERED that the order dated July 25, 2016, is reversed, on the law, without costs or disbursements, the plaintiff’s motion pursuant to CPLR 5240 is granted to the extent of limiting the income execution directed by the order dated June 26, 2013, to 40 percent of the plaintiff’s disposable earnings (see CPLR 5231[g]; 5241), and the plaintiff’s motion is otherwise denied.

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