Opinion
August 28, 1995
Appeal from the Supreme Court, Westchester County (Burrows, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiff's motion is denied.
The plaintiff failed to demonstrate that the invocation of CPLR 5240 was necessary to prevent "'unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice to any person or the courts'" (Guardian Loan Co. v. Early, 47 N.Y.2d 515, 519). The Supreme Court therefore erred in directing that the funds belonging to the defendant, who is a judgment debtor of the appellant, be delivered to the plaintiff as permanent receiver for security against the defendant's future child support obligations. In so doing, the Supreme Court improperly used the statute as an alternative procedure for achieving priority (see, Cook v. H.R.H. Constr. Corp., 32 A.D.2d 806). Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.