Austin v. Austin

Appellate Division of the Supreme Court of New York

Austin v. Austin

88 A.D.2d 649, 450 N.Y.S.2d 541, 1982 N.Y. App. Div. LEXIS 16872

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 24, 1982

StatusPublished

Cited by1 cases

This text of 88 A.D.2d 649 (Austin v. Austin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Austin v. Austin, 88 A.D.2d 649, 450 N.Y.S.2d 541, 1982 N.Y. App. Div. LEXIS 16872 (N.Y. Ct. App. 1982).

Pincite

Opinion

— In a matrimonial action in which the defendant wife had been granted a judgment of divorce, the plaintiff appeals from an order of the Supreme Court, Orange County (Ferraro, J.), dated August 20,1981, which granted defendant’s motion to resettle the judgment of divorce so as to allow her a counsel fee of $2,000 payable by plaintiff. Order reversed, with $50 costs and disbursements, and matter remitted to Special Term for a hearing and new determination as to the issue of the counsel fee. Special Term fixed a counsel fee based upon a submitted affidavit of services. The application for a fee was opposed by plaintiff. The record fails to disclose the provisions of counsel’s retainer [650]*650agreement with the defendant, the amount of counsel fees which may have been paid by defendant, or the criteria upon which the court fixed the counsel fee (see Sadofsky v Sadofsky, 78 AD2d 520; Fomenko v Fomenko, 50 AD2d 712, app dsmd 38 NY2d 999). Titone, J. P., Bracken, Niehoff and Boyers, JJ. concur.

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— In a matrimonial action in which the defendant wife had been granted a judgment of divorce, the plaintiff appeals from an order of the Supreme Court, Orange County (Ferraro, J.), dated August 20,1981, which granted defendant’s motion to resettle the judgment of divorce so as to allow her a counsel fee of $2,000 payable by plaintiff. Order reversed, with $50 costs and disbursements, and matter remitted to Special Term for a hearing and new determination as to the issue of the counsel fee. Special Term fixed a counsel fee based upon a submitted affidavit of services. The application for a fee was opposed by plaintiff. The record fails to disclose the provisions of counsel’s retainer [650]*650agreement with the defendant, the amount of counsel fees which may have been paid by defendant, or the criteria upon which the court fixed the counsel fee (see Sadofsky v Sadofsky, 78 AD2d 520; Fomenko v Fomenko, 50 AD2d 712, app dsmd 38 NY2d 999). Titone, J. P., Bracken, Niehoff and Boyers, JJ. concur.

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Bluebook (online)

88 A.D.2d 649, 450 N.Y.S.2d 541, 1982 N.Y. App. Div. LEXIS 16872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/austin-v-austin-nyappdiv-1982.

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