Opinion
October 11, 1994
Appeal from the Supreme Court, Nassau County (Murphy, J.).
Ordered that the order is affirmed, with costs.
Contrary to the husband's contentions, he has failed to raise a triable issue of fact which would warrant a hearing to determine his ability to comply with the provisions of the judgment of divorce (see, Adler v. Adler, 203 A.D.2d 81; Lewis v. Lewis, 194 A.D.2d 648; Penziner v. Penziner, 123 A.D.2d 674). Accordingly, it was not improper for the court to grant a money judgment for arrears without first holding a hearing. Further, the court properly directed the husband to post a surety bond (see, Labow v. Labow, 154 A.D.2d 90; Rainone v. Rainone, 118 A.D.2d 766).
We find no merit to the husband's remaining contention. Miller, J.P., Joy, Altman and Goldstein, JJ., concur.