[*1]
Astacio v Fernandez-Pons
2007 NY Slip Op 50271(U) [14 Misc 3d 138(A)]
Decided on February 20, 2007
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 20, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., SCHOENFELD, J.
570516/06

Antonio Astacio, Plaintiff-Respondent,

against

Ramona Fernandez-Pons, Defendant-Appellant.


Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered July 26, 2006, which denied her motion to vacate a restraining notice on her bank account.


PER CURIAM

Order (Fernando Tapia, J.), entered July 26, 2006, affirmed, with $10 costs.

We agree that defendant judgment-debtor failed to establish that the bank account restrained by plaintiff judgment-creditor contained funds which are statutorily exempt from levy (see International Airline Employees Fed. Credit Union v Jonas, 2002 NY Slip Op 50196[U][App Term, 1st Dept).

This constitutes the decision and order of the Court.
Decision Date: February 20, 2007