Opinion
April 22, 1996
Appeal from the Supreme Court, Kings County (Rigler, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof which compelled Hawkins, Delafield Wood to deliver W. Cullen MacDonald's capital account to the plaintiffs; as so modified, the order is affirmed, without costs or disbursements.
In a related matrimonial action, the Supreme Court restrained the appellant law firm of Hawkins, Delafield Wood (hereinafter the firm) from disposing of the capital account and partnership profits owed to the appellant former husband W. Cullen MacDonald, who is a partner of the firm ( see, MacDonald v MacDonald, 226 A.D.2d 594 [decided herewith]). In the order which is the subject of this appeal, the Supreme Court directed the firm to deliver the restrained profits and capital account to the plaintiffs (the former wife and her attorneys), in satisfaction of judgments in favor of the plaintiffs and against the former husband.
As we have decided, however ( see, MacDonald v. MacDonald, supra), the former husband's capital account is not subject to execution in order to satisfy the former husband's personal financial obligations. O'Brien, J.P., Copertino, Santucci and Krausman, JJ., concur.