ADLER v. ADLER

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.