Opinion
December 14, 1942.
In proceedings supplementary to judgment, order of the City Court of Yonkers, denying the appellant's motion for an order pursuant to section 793 of the Civil Practice Act, fixing the respondent's income at $100 per week and directing payments of twenty-five dollars per week out of income on account of the judgment, reversed on the law and the facts, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs, to the extent of fixing the respondent's income at fifty dollars per week and directing payment to appellant of five dollars per week out of said income, commencing on the date of service upon the respondent of a copy of the order of this court, together with notice of entry, and continuing thereafter until the judgment is satisfied. In our opinion the statements in the moving affidavit — which are uncontradicted — justify a finding that the respondent's income is at least fifty dollars per week; and considering the reasonable requirements of the respondent and his family, he is directed to pay five dollars per week on account of the judgment. Lazansky, P.J., Hagarty, Johnston, Taylor and Close, JJ., concur.