Benzing v. Benzing

Appellate Division of the Supreme Court of New York

Benzing v. Benzing

101 A.D.2d 716

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

DecidedApril 12, 1984

DocketAppeal No. 2

StatusPublished

This text of 101 A.D.2d 716 (Benzing v. Benzing) 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

Benzing v. Benzing, 101 A.D.2d 716 (N.Y. Ct. App. 1984).

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Opinion

Order unanimously reversed, without costs, motion granted and matter remitted to Erie County Family Court to fix reasonable attorney’s fees. Memorandum: Family Court abused its discretion in declining to award petitioner counsel fees in responding to an appeal of an order fixing respondent husband’s child support payment. Considering the resources and expenses of the respective parties, and the merit of petitioner’s claim, an award of counsel fees was appropriate in the circumstances (Family Ct Act, § 438). (Appeal from order of Erie County Family Court, Mazur, J. — counsel fees.) Present — Callahan, J. P., Denman, Boomer, O’Donnell and Schnepp, JJ.

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Order unanimously reversed, without costs, motion granted and matter remitted to Erie County Family Court to fix reasonable attorney’s fees. Memorandum: Family Court abused its discretion in declining to award petitioner counsel fees in responding to an appeal of an order fixing respondent husband’s child support payment. Considering the resources and expenses of the respective parties, and the merit of petitioner’s claim, an award of counsel fees was appropriate in the circumstances (Family Ct Act, § 438). (Appeal from order of Erie County Family Court, Mazur, J. — counsel fees.) Present — Callahan, J. P., Denman, Boomer, O’Donnell and Schnepp, JJ.

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Bluebook (online)

101 A.D.2d 716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benzing-v-benzing-nyappdiv-1984.