LIND v. MILLER, N.Y. Misc., Judgment, Law, casemine.com

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Attorney(S)

Raphael A. Egan, for the
Lind, Shlivek, Marks Brin [ Benjamin F. Karpay of counsel], for the

Judges

PER CURIAM.

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In the Matter of Supplementary Proceedings: ALFRED B. LIND and NORMAN L. MARKS, Copartners, Doing Business as LIND MARKS, Judgment Creditors, Respondents, v. ROBERT MILLER, Judgment Debtor; RAPHAEL A. EGAN, Third Party, Appellant.

PER CURIAM.

An allowance made to an incompetent World War veteran is exempt from levy and sale by virtue of an execution, and from seizure in any legal proceeding. (Civ. Prac. Act, § 667.) Obviously, this would be so if the pension has been received by the veteran, his committee or guardian; otherwise such an exemption can produce no beneficial effect. ( Benedict v. Higgins, 165 A.D. 611; Surace v. Danna, 248 N.Y. 18.)

Order reversed, with ten dollars costs and disbursements, and motion denied.

All concur; present, LYDON, LEVY and CALLAHAN, JJ.

LIND v. MILLER

In the Matter of Supplementary Proceedings: ALFRED B. LIND and NORMAN L. MARKS, Copartners, Doing Business as LIND MARKS, Judgment Creditors, Respondents, v. ROBERT MILLER, Judgment Debtor; RAPHAEL A. EGAN, Third Party, Appellant.

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