Hubbard v. Hubbard

OPINION OF THE COURT

William R. Geiler, J.

In this divorce action governed by the New York equitable distribution law, plaintiff was awarded the sum of $300 pursuant to a pendente lite order of this court dated September 30, 1981 (Geiler, J.), in order to enable her to secure the services of a pension actuary for the purpose of evaluating the defendant’s pension rights, which rights may be subject to equitable distribution (Domestic Relations Law, § 236, part B, subd 5). To date, plaintiff has not received said sum from defendant. Accordingly, plaintiff now moves for penalties pursuant to CPLR…