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Kennedy v. Macaluso

56 N.Y.2d 630 Court N.Y. Decision date 1982-04-06 English

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p. 630
In the Matter of Karen Kennedy, Respondent, v Carmen J. Macaluso, Appellant.
Decided April 6, 1982
p. 631
. APPEARANCES OF COUNSEL
William J. McClusky for appellant.
Terrence J. Whelan for respondent.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. An attorney has no retaining lien on an executed but unfiled divorce decree (see Matter of Bergstrom & Co., 131 App Div 791 ; Matter of Reiss, 200 Misc 697 ) and may be compelled, via a CPLR article 78 proceeding in the nature of mandamus, to file such decree.

p. 632
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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