Opinion
Decided April 6, 1982
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, J. ROBERT LYNCH, J.
William J. McClusky for appellant.
Terrence J. Whelan for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 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.