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MATTER OF KENNEDY v. MACALUSO

56 N.Y.2d 630 (1982)

In the Matter of Karen Kennedy, Respondent, v. Carmen J. Macaluso, Appellant.

Court of Appeals of the State of New York.

Decided April 6, 1982.

Attorney(s) appearing for the Case

William J. McClusky for appellant.

Terrence J. Whelan for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

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 Bergström & 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...

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