Opinion
June 10, 1991
Appeal from the Supreme Court, Orange County (Green, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the petitioner's contention, we find that the Supreme Court properly denied his application for an "unqualified" discharge of the lien on his real property. Approximately 11 months before the petitioner petitioned for bankruptcy, the respondent obtained and entered a judgment in its favor and against the petitioner, in the Supreme Court, Orange County, which, by operation of law, created a lien on the petitioner's real property in that county (see, CPLR 5018 [a]; 5203; Siegel, N Y Prac §§ 418, 421 [2d ed]). Inasmuch as the lien on the property attached prior to the bankruptcy petition, it was not affected by the subsequent discharge in bankruptcy and, thus, the court properly granted a "qualified" discharge (see, Debtor and Creditor Law § 150; Matter of Melita v State Bank, 124 A.D.2d 282, 282-283; Bank of N.Y. v Nies, 96 A.D.2d 166, 167-173; Holdsworth v Maxey, 53 A.D.2d 853, 853-854; see also, Automotive Rentals v Perakis, 170 A.D.2d 555). Mangano, P.J., Kooper, Harwood and Balletta, JJ., concur.