NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-3013-04T23013-04T2

BONNIE A. CLARK,

Plaintiff-Respondent,

v.

ANTHONY POMPONIO,

Defendant-Appellant.

________________________________________________

Argued October 2, 2007 - Decided

Before Judges Coburn, Grall and Chambers.

On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Essex County, Docket No. FM-07-687-02.

Salvatore A. Simeone argued the cause for appellant (Cutler, Simeone, Townsend, Tomaio & Newmark, L.L.C., attorneys; Mr. Simeone, of counsel and on the brief).

Richard S. Diamond argued the cause for respondent (Diamond & Diamond, P.A., attorneys; Lynn M. Matits, on the brief).

The opinion of the court was delivered by

CHAMBERS, J.A.D.

In this matrimonial action, defendant, Anthony Pomponio, appeals from the equitable distribution provisions and award of counsel fees and costs set forth in the default judgment of divorce entered in favor of plaintiff, Bonnie A. Clark, his former wife. He also seeks to pursue his claim for alimony.

During the divorce proceedings, defendant filed a Chapter 13 petition, thereby triggering the automatic stay under 11 U.S.C.A.