Opinion
June, 1936.
Order appointing plaintiff receiver in sequestration in a separation action modified by eliminating $150 from the amount directed to be collected and paid over, and as thus modified affirmed, without costs. The $150 item relates to counsel fees the payment of which may not be enforced out of the pension fund payments. ( Monck v. Monck, 184 App. Div. 656.) Its payment, in the discretion of the trial court, may be enforced by contempt proceedings or when the trial is had as a condition to the defendant's proceeding with his defense. Hagarty, Carswell, Davis and Johnston, JJ., concur; Lazansky, P.J., concurs in result. [See post, p. 818.]