Adler v. Adler

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before CARRO
• Citation: Adler v. Adler, 610 N.Y.S.2d 22, 203 A.D.2d 81 (N.Y. App. Div. 1994)
• Decision Date: 07 April 1994
• Parties: Jane R. ADLER, Plaintiff-Respondent, v. Joel A. ADLER, Defendant-Appellant.

Page 22

610 N.Y.S.2d 22

203 A.D.2d 81

Jane R. ADLER, Plaintiff-Respondent, v. Joel A. ADLER, Defendant-Appellant.

Supreme Court, Appellate Division First Department.

April 7, 1994.

Before CARRO, J.P., and WALLACH, ASCH, NARDELLI and WILLIAMS, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County (Kristin Booth Glen, J.), entered August 4, 1993, which awarded plaintiff counsel fees and arrears in this post-matrimonial enforcement proceeding, and required defendant to post $75,000 per year in escrow with plaintiff's counsel pursuant to Domestic Relations Law § 243 as security to insure future payment of certain additional expenses set forth in the parties' settlement agreement, unanimously affirmed, with costs.

The court properly exercised its discretion in ordering defendant to post the security in lieu of sequestration without a hearing as defendant manifested a "pattern of nonpayment" (see Scheinkman, Practice Commentary, McKinney's Cons.Laws of N.Y., Book 14, Domestic Relations Law C243:1, at 736; see, Kornblau v. Kornblau, 60 A.D.2d 531, 400 N.Y.S.2d 43). The award of the money judgment for arrears without a hearing was also proper as defendant failed to request a hearing or raise any triable issues of fact (see, Gunsburg v. Gunsburg, 173 A.D.2d 232, 569 N.Y.S.2d 641). Fi...