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Patrick Ryan's Modern Press v Bowler 2009 NY Slip Op 31658(U) July 25, 2009 Supreme Court, Albany County Docket Number: 3066/04 Judge: Joseph C. Teresi Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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STATE OF NEW YORK SUPREME COURT PATRICK RYAN'S MODERN PRESS, Plaintiff, -againstDWIGHT BOWLER,

COUNTY OF ALBANY

DECISION and ORDER RJI NO.:OI-0S-81217 INDEX NO.: 3066-04

Defendant. Supreme Court Albany County All Purpose Term, July 8, 2009 Assigned to Justice Joseph C. Teresi APPEARANCES: McNamee, Lochner, Titus & Williams, PC Kenneth L. Gellhaus, Esq. Attorneys for Plaintiff 677 Broadway Albany, New York 12207 Joshua A. Sabo, Esq. Attorney for Defendant 287 North Greenbush Road Troy, New York 12180 TERESI, J.: On June 21, 2006, this action was tried before this court, resulting in a judgment against Defendant in favor of Plaintiff for Fifteen Thousand Three Hundred and Thirty Nine dollars 51/100 ($15,339.51), with interest, costs and disbursements. Plaintiff has engaged in post

judgment enforcement proceedings, which previously resulted in this Court's finding Defendant in contempt, with the ability to purge such finding. Defendant now moves for an order modifying three restraining notices served by Plaintiff on non-parties and an order purging this Court's finding of contempt. Plaintiff opposes the motion and seeks a finding that the Defendant

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did not purge his contempt. Plaintiff also moves for a turn over order pursuant to CPLR

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