Opinion
December 19, 1986
Appeal from the Supreme Court, Oneida County, Roy, J.
Present — Callahan, J.P., Doerr, Green, Lawton and Schnepp, JJ.
Order unanimously affirmed, without costs. Memorandum: In 1982 petitioner represented respondent in an action for divorce and was never paid $2,459 in attorney's fees. Pursuant to the settlement of that action, respondent continues to own an undivided one-half interest in the marital residence. In 1983, respondent's debts, including petitioner's attorney's fees, were discharged in bankruptcy. Petitioner now seeks to impress a lien against the marital residence pursuant to Judiciary Law § 475. Special Term properly dismissed the petition. Since respondent already owned the marital residence, no proceeds were created and thus no charging lien attaches to this realty. (Ekelman v Marano, 251 N.Y. 173, 176; Goldstein, Goldman, Kessler Underberg v. 4000 E. Riv. Rd. Assoc., 64 A.D.2d 484, 487, affd 48 N.Y.2d 890; Matter of Desmond v. Socha, 38 A.D.2d 22, 24, affd 31 N.Y.2d 687).