Mason v. Belski
| Decision Date | 04 June 1981 |
| Parties | In the Matter of Gertrude MASON, Respondent, v. Karen J. BELSKI, Appellant, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Andrew F. Capoccia, Albany, for appellant.
Garry, Cahill, Edmunds & Breslin, Albany (Neil D. Breslin, Albany, of counsel), for respondents.
Before MAHONEY, P. J., and MAIN, MIKOLL, YESAWICH and HERLIHY, JJ.
Appeal from an order of the Supreme Court at Special Term, 104 Misc.2d 770, 429 N.Y.S.2d 152, entered July 17, 1980 in Albany County, which declared a judgment secured by petitioner and other judgment debtors a valid lien against the escrow account resulting from the sale of property owned by Karen and Joseph Belski.
At issue in the instant proceeding is whether a divorce decree remains an unsatisfied lien against the real property owned by a divorced husband and wife and against the escrow account created by the proceeds of the sale of the real property. The petitioner herein seeks a determination of the priority of a judgment secured by her against the respondent husband, Joseph Belski, and filed in the County Clerk's office subsequent to the divorce decree.
The divorce decree in question orders payment of alimony and child support to respondent Karen Belski in a weekly given amount in accord with a separation decree which was incorporated into and made a part of the decree but not merged therein. The arrearages owed by the delinquent husband were not reduced to a judgment by Karen Belski.
Special Term held that petitioner's judgment and that of other creditors took precedence over the divorce decree and were to be paid out of the escrow account. We concur with this finding. Alimony and support awarded under a matrimonial decree do not become a judgment debt enforceable by execution until the award is first reduced to a judgment (see Domestic Relations Law, § 244; Snow v. Snow, 8 A.D.2d 516, 190 N.Y.S.2d 902). The amount owed Karen Belski did not, therefore, become a lien on the escrow account.
Order affirmed, without costs.
To continue reading
Request your trial
-
Gaines v. Gaines
...is first reduced to judgment pursuant to Domestic Relations Law § 244 (see McGovern v. Blaha, 496 F.Supp. 964; Matter of Mason v. Belski, 82 A.D.2d 939, 440 N.Y.S.2d 747, lv. denied 54 N.Y.2d 609, 445 N.Y.S.2d 1027, 429 N.E.2d 835; Tannenberg v. Beldock, 68 A.D.2d 307, 416 N.Y.S.2d 808; Sno......
-
Tauber v. Lebow
...do not constitute a judgment debt until the arrearages are reduced through further proceedings to a judgment. (See, Mason v. Belski, 82 A.D.2d 939, 440 N.Y.S.2d 747, lv. denied 54 N.Y.2d 609, 445 N.Y.S.2d 1027, 429 N.E.2d 835; Snow v. Snow, 8 A.D.2d 516, 190 N.Y.S.2d 902; Domestic Relations......
-
Reede v. Karp
...issue (see, CPLR 5202[a]. Karp's claim against Lefcon, therefore, takes priority over the plaintiff's claim (see, Matter of Mason v. Belski, 82 A.D.2d 939, 440 N.Y.S.2d 747). ...
-
Logan v. Logan
...decree do not become a judgment debt enforceable by execution until the award is first reduced to a judgment.” (Matter of Mason v Belski, 82 A.D.2d 939, 939 [1981]). Here, the amounts due in outstanding child support were never reduced to a judgment and in any event, the amounts due accrued......