SPATZ FURNITURE v. LEE LETTER SERV

Per Curiam.

The withholding of 10% of an employee's income by an employer for the benefit of a judgment creditor is mandated by CPLR 5231 (subd. [e]). An employer may not turn over to the Marshal less than 10% of the income due to the judgment debtor, to the detriment of a second income execution, which was duly served and filed with him.

However, a judgment debtor may move to reduce the percentage (CPLR 5231, subd. [g]) or the employer may protect itself by moving for an order of modification (CPLR 5240).

The judgment should be affirmed, with $25 costs.

Concur — HOFSTADTER, J.P., GOLD and MARKOWITZ, JJ.

Judgment affirmed, etc.