General

Selma Margulies, Respondent, v. Myron L. Margulies, Appellant

70 A.D.2d 832·New York Supreme Court, Appellate Division·1979·NY

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Opinion

Selma Margulies, Respondent, v Myron L. Margulies, Appellant. —Order, Supreme Court, New York County, entered on November 21, 1978, affirmed, without costs and without disbursements. Concur — Murphy, P. J., and Kupferman, J. [DISSENT — Silverman and Lupiano, JJ.,] Silverman and Lupiano, JJ., dissent in a memorandum by Silverman, J., as follows: I would reverse the order appealed from, deny the motion to confirm the referee’s report, and deny plaintiffs application for counsel fees. I do not think there is any authority permitting the court by a motion and order in the matrimonial action to award counsel fees incurred in unsuccessful efforts to enforce a stipulation to obtain a Jewish religious divorce (a "get”). [See decision March 25, 1980.]