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ALAN H. JOSEPH, Respondent, v. JOSEPH GIACALONE, Appellant.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion is denied.

We agree with the defendant judgment debtor that the proceeds of the check in dispute are exempt from garnishment or levy pursuant to Federal law (see, 5 U.S.C. § 8346 [a]; Matter of Dickerson, 168 Misc. 54; Waggoner v. Game Sales Co., 702 S.W.2d 808 [Ark]; see also, Surace v. Danna, 248 N.Y. 18; Sears, Roebuck Co. v. Harris, 854 P.2d 921 [Okla]). Mangano, P.J., Copertino, Joy and Altman, JJ., concur.

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JOSEPH v. GIACALONE
(Feb 5, 1996)