Margulies v. Margulies

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.]