Baker v. Baker-Kelly

Appellate Division of the Supreme Court of New York

Baker v. Baker-Kelly

19 A.D.3d 1033, 796 N.Y.S.2d 472, 2005 N.Y. App. Div. LEXIS 6340

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

DecidedJune 10, 2005

StatusPublished

This text of 19 A.D.3d 1033 (Baker v. Baker-Kelly) 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

Baker v. Baker-Kelly, 19 A.D.3d 1033, 796 N.Y.S.2d 472, 2005 N.Y. App. Div. LEXIS 6340 (N.Y. Ct. App. 2005).

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Opinion

Appeal from an order of the Family Court, Onondaga County (Robert J. Rossi, J.), entered January 8, 2004 in a proceeding pursuant to Family Court Act article 6. The order granted respondent’s motion and directed petitioner to pay respondent’s counsel fees in the amount of $1,400.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Family Court, Onondaga County, for a hearing on counsel fees. Memorandum:

Petitioner appeals from an order directing him to pay respondent’s counsel fees in the amount of $1,400. There was no stipulation between the parties that the disputed issue of counsel fees could be determined without an evidentiary hear- ing, and thus Family Court erred in awarding counsel fees to re- spondent without first conducting such a hearing (see Matter of Mina v Weber, 309 AD2d 1252 [2003]; see also Domestic Rela- tions Law § 237; Oswald v Oswald, 154 AD2d 817, 819 [1989]; Price v Price, 115 AD2d 530 [1985]). We therefore reverse the order and remit the matter to Family Court to conduct such a hearing. Present-Pigott, Jr., PJ., Hurlbutt, Kehoe, Martoche and Smith, JJ. 34

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Appeal from an order of the Family Court, Onondaga County (Robert J. Rossi, J.), entered January 8, 2004 in a proceeding pursuant to Family Court Act article 6. The order granted respondent’s motion and directed petitioner to pay respondent’s counsel fees in the amount of $1,400.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Family Court, Onondaga County, for a hearing on counsel fees. Memorandum:

Petitioner appeals from an order directing him to pay respondent’s counsel fees in the amount of $1,400. There was no stipulation between the parties that the disputed issue of counsel fees could be determined without an evidentiary hear- ing, and thus Family Court erred in awarding counsel fees to re- spondent without first conducting such a hearing (see Matter of Mina v Weber, 309 AD2d 1252 [2003]; see also Domestic Rela- tions Law § 237; Oswald v Oswald, 154 AD2d 817, 819 [1989]; Price v Price, 115 AD2d 530 [1985]). We therefore reverse the order and remit the matter to Family Court to conduct such a hearing. Present-Pigott, Jr., PJ., Hurlbutt, Kehoe, Martoche and Smith, JJ. 34

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Bluebook (online)

19 A.D.3d 1033, 796 N.Y.S.2d 472, 2005 N.Y. App. Div. LEXIS 6340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-baker-kelly-nyappdiv-2005.

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