Opinion
February 5, 1990
Appeal from the Supreme Court, Queens County (Pitaro, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
A review of the entire record indicates that the defendant judgment debtor Spielvogel failed to sustain his burden of proving that the subject pension plan was exempt from execution by the plaintiff judgment creditor pursuant to CPLR 5205 (see, Gilewicz v Goldberg, 69 App. Div. 438; see also, Tuckman v Hayward, 26 Misc.2d 45; Thorpe Elec. Supply v Deitz, 104 Misc.2d 994). Mangano, J.P., Lawrence, Kooper and Rosenblatt, JJ., concur.