Napoli v. Napoli

OPINION OF THE COURT

David B. Saxe, J.

This motion presents a question of first impression: does an income execution for support, issued pursuant to the recently enacted CPLR 5241, survive after the beneficiary of the underlying support order has died?

The plaintiff husband and defendant wife were married in 1948, and separated pursuant to a separation agreement filed August 11, 1967. In 1980, the defendant wife obtained a judgment in the amount of $11,200 representing "excess income alimony” arrears due and owing under the separation *153agreement. Further arrears accrued thereafter. In 1986, the…