Opinion
April 7, 1994
Appeal from the Supreme Court, New York County (Kristin Booth Glen, J.).
The court properly exercised its discretion in ordering defendant to post the security in lieu of sequestration without a hearing as defendant manifested a "pattern of nonpayment" (Scheinkman, Practice Commentary, McKinney's Cons Laws of NY, Book 14, Domestic Relations Law C243:1, at 736; see, Kornblau v Kornblau, 60 A.D.2d 531). The award of the money judgment for arrears without a hearing was also proper as defendant failed to request a hearing or raise any triable issues of fact (see, Gunsburg v Gunsburg, 173 A.D.2d 232). Finally, defendant waived any right to a hearing as to counsel fees by failing to request a hearing (Rosenberg v Rosenberg, 155 A.D.2d 428, 432).
Concur — Carro, J.P., Wallach, Asch, Nardelli and Williams, JJ.