Kennedy v. Macaluso (56 N.Y.2d 630, 1982)

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.

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