Burns v. Burns

Appellate Division of the Supreme Court of New York

Burns v. Burns

238 A.D.2d 886, 661 N.Y.S.2d 547

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

DecidedApril 25, 1997

DocketAppeal No. 2

StatusPublished

Cited by2 cases

This text of 238 A.D.2d 886 (Burns v. Burns) 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.

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Burns v. Burns, 238 A.D.2d 886, 661 N.Y.S.2d 547 (N.Y. Ct. App. 1997).

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Opinion

—Order unanimously affirmed without costs. Memorandum: The record establishes that plaintiff has sufficient assets and income with which to pay her counsel fees. Thus, Supreme Court did not abuse its discretion in denying her application for counsel fees (see, Matter of Lawrence v Lawrence, 187 AD2d 995; Sementilli v Sementilli, 102 AD2d 78, 91; cf., McCarthy v McCarthy, 172 AD2d 1040). (Appeal from Order of Supreme Court, Monroe County, Sirkin, J.—Counsel Fees.) Present—Denman, P. J., Pine, Do-err, Balio and Fallon, JJ.

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—Order unanimously affirmed without costs. Memorandum: The record establishes that plaintiff has sufficient assets and income with which to pay her counsel fees. Thus, Supreme Court did not abuse its discretion in denying her application for counsel fees (see, Matter of Lawrence v Lawrence, 187 AD2d 995; Sementilli v Sementilli, 102 AD2d 78, 91; cf., McCarthy v McCarthy, 172 AD2d 1040). (Appeal from Order of Supreme Court, Monroe County, Sirkin, J.—Counsel Fees.) Present—Denman, P. J., Pine, Do-err, Balio and Fallon, JJ.

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238 A.D.2d 886, 661 N.Y.S.2d 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-burns-nyappdiv-1997.

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