NY Pers Prop L § 47-E (2021)
2021 New York Laws PEP - Personal Property Article 3-A - Assignment of Earnings 47-E - Vacating of an Assignment, by Order of a Court.

§  47-e.  Vacating  of  an  assignment,  by  order  of  a court. 1. An   assignment may be vacated by a judgment of a  court  of  record  upon  a   special  proceeding  brought by the assignor, his employer or any person   having an interest therein. Before such judgment  shall  be  granted  an   order  to show cause and the petition upon which it was granted shall be   served upon the assignee, specifying the grounds upon which such  relief   is  sought and requiring the assignee to show cause, at a time and place   specified therein, why the assignment should  not  be  vacated.  If  the   application  is  made by a person other than the assignor, a copy of the   order to show cause and the petition upon which it was granted shall  be   served upon the assignor, as the court shall direct. Such order shall be   returnable  at  a  special term of a court of record in the county where   the assignment is filed, if it has been filed, or, whether  or  not  the   assignment  has  been filed, in the county where the assignor resides or   the county where the assignee resides, and shall be returnable at a time   not less than eight days from the service thereof unless  the  court  to   whom the application is made shall find that a greater or lesser time is   appropriate in the circumstances.The  order  to  show  cause and the petition upon which it was granted   shall be served upon the assignee either (1) by personal service, or (2)   by leaving them at his or  its  place  of  business  with  a  person  of   suitable  age  and  discretion  with  directions  to deliver them to the   assignee and mailing a copy by certified mail to the  assignee  directed   to  the  address  specified in the assignment or if none is specified in   the assignment to his or its last known address, or (3) as the court may   direct. Proof of such  service  shall  be  made  by  affidavit.  If  the   assignee  is a co-partnership consisting of two or more partners service   on one partner shall constitute service on the co-partnership.2. Upon presentation of a transcript of a judgment  pursuant  to  this   section,  vacating  an  assignment,  and  upon  payment of fees provided   therefor, a county clerk in whose office the assignment is  filed  shall   file the transcript of the judgment and shall enter on the margin of the   page  where  the  assignment  is  entered, and against the assignment to   which the judgment relates, the words "Vacated by order of the court."3. This section  does  not  enlarge  the  territorial  limits  of  the   jurisdiction of any court.4.  No  assignment purporting upon its face or otherwise shown to have   been made in compliance with the direction of the court in an action  or   proceeding in a family court or in a matrimonial action or proceeding in   a  court  of  this  state  shall be vacated by an order pursuant to this   section.5.  In  any  proceeding  under  this  section  the  court  shall  have   jurisdiction  to consider any and all defenses to the assignment and the   debt secured thereby. The court may grant such interim relief as may  be   appropriate.  The  burden of proving the assignment and the debt secured   thereby shall be on the assignee.