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Dallin v. Dallin

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1996
225 A.D.2d 728 (N.Y. App. Div. 1996)

Opinion

March 25, 1996

Appeal from the Supreme Court, Westchester County (Scarpino, J.).


Ordered that the order is reversed, on the law, with costs, and those branches of the former wife's motion which were for an award of counsel fees and the posting of security are denied.

The former wife sought counsel fees pursuant to the terms of the separation agreement which provides that the wife, in order to receive counsel fees, was required to send to the husband "written notice" of default. The separation agreement further stated that all notices were to be sent by registered or certified mail, return receipt requested. The former wife failed to adhere to this notice requirement.

We further note that sequestration of the former husband's Keogh account was improper because no "qualified domestic relations order" had been entered ( see, CPLR 5205 [c] [4]). Santucci, J.P., Altman, Krausman and Goldstein, JJ., concur.


Summaries of

Dallin v. Dallin

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1996
225 A.D.2d 728 (N.Y. App. Div. 1996)
Case details for

Dallin v. Dallin

Case Details

Full title:SUSAN N. DALLIN, Respondent, v. JOHN G. DALLIN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 25, 1996

Citations

225 A.D.2d 728 (N.Y. App. Div. 1996)
640 N.Y.S.2d 196