Opinion
June 14, 1943.
Appeal from an order entered on the accounting of a receiver in supplementary proceedings insofar as it directs the payment to the judgment creditors of $2,669.71 and denies the claim of the judgment debtor to such moneys.
Order, insofar as appealed from, affirmed, with ten dollars costs and disbursements. The sections of the Civil Practice Act to which the judgment debtor seeks to relegate the judgment creditors only concern moneys currently due or about to become due to the judgment debtor. The moneys directed to be paid over to the judgment creditors are not exempt from levy under execution under any of the statutes which the judgment debtor invokes. See Hayward v. Hayward ( 178 App. Div. 92, 93) where it was said: "It is quite true that a fund representing a salary earned, whether in the possession of the employer or of the employee, or of a third person, is not exempt from levy under execution, and that such fund may be seized wherever found." Hagarty, Carswell, Johnston, Adel and Lewis, JJ., concur.