Cardo-Racolin v. Racolin

OPINION OF THE COURT

Lewis R. Friedman, J.

In this matrimonial case by order dated July 5, 1994 the court ordered defendant (husband) to pay pendente lite support to wife and to pay fees to wife’s attorneys and appraisers. Wife’s counsel had that order docketed as a judgment pursuant to CPLR 2222. Wife’s counsel thereafter issued an execution on that judgment. Husband moves to vacate the judgment and the execution.

The issue is whether an order in a matrimonial case may be docketed as a judgment without a specific court direction to that effect. Thus this motion requires reconciliation of CPLR…