This is a special proceeding commenced by notice of petition, pursuant to CPLR 5225 (b) and 5227, for an order and judgment directing respondent, Citibank, to turnover to petitioner funds held by said respondent bank in satisfaction of a judgment in the sum of $18,913.01, entered on January 16, 2008, against respondent judgment debtor, Anne Marie Greene. In a letter, dated March 4, 2008, sent to the petitioner in response to an information subpoena, the respondent bank stated that it had an account in the names of Annemarie Greene and Thomas E. Greene with a balance of $1,414.25. The petitioner now seeks to have these funds turned over to satisfy the judgment that was entered against Anne Marie Greene. The fact that this application is not opposed does not relieve the Court of the obligation to consider its merits.

The balance in the account involved in this proceeding is less than the amount of $1,716.00 that is exempt from restraint by the New York Exempt Income Protection Act (EIPA) which was signed into law on September 26, 2008 (2008 McKinney's Session Law News of NY. Ch. 575 [A. 8527-A]). EIPA was enacted to eliminate the problems created for low income [*2]New Yorkers by the restraint of their bank accounts, some of which have been documented by the courts (See, Siegel, Supp Practice Commentaries, McKinney's Cons Law of NY, Book 7B, CPLR 5222, 2009 Supp Pamph, at 67-8; Lincoln Financial Svcs., Inc. v Miceli, 17 Misc 3d 1109 [A]; Contact Resource Servs., LLC. v Gregory, 10 Misc 3d 968).The Act adds self effectuating exemptions by requiring a banking institution receiving a restraining notice to keep a certain threshold of funds available to meet the account holder's basic living expenses. This includes the first $1,716.00 in all bank accounts and the first $2,500.00 in accounts receiving electronically or directly deposited statutorily exempt payments, such as Social Security

As concerns the $1,716.00 exemption, the law provides that when a judgment debtor's banking institution account contains an amount equal to or less than $1,716.00, "the account shall not be restrained and the restraining notice shall be deemed void, except as to those funds that a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his or her dependents." (CPLR 5222 [i]). It has not been demonstrated that the funds at issue in this proceeding fall within the exception.

The provisions prohibiting restraint of a bank account with a balance of $1,716.00 or less became effective January 1, 2009 and therefore, were not in effect at the time the restraining notice in this proceeding was served on the respondent bank. Nevertheless, in keeping with the purpose of the EIPA legislation the Court finds that funds, the restraint of which is now precluded by that law, are not subject to collection in a turnover proceeding.

Accordingly, the petition is dismissed and respondent bank is directed to remove any restraints placed on the account that is the subject of this proceeding.

This constitutes the decision and judgment of the court.

Date: July 21, 2009.___________________________________

Hon. Carmen R. Velasquez

Judge, Civil Court