Childs v. Childs

Appellate Division of the Supreme Court of New York

Childs v. Childs

60 A.D.2d 639, 400 N.Y.S.2d 356, 1977 N.Y. App. Div. LEXIS 14631

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

DecidedDecember 27, 1977

StatusPublished

Cited by1 cases

This text of 60 A.D.2d 639 (Childs v. Childs) 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

Childs v. Childs, 60 A.D.2d 639, 400 N.Y.S.2d 356, 1977 N.Y. App. Div. LEXIS 14631 (N.Y. Ct. App. 1977).

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Opinion

In a matrimonial action, the defendant husband appeals from so much of an order of the Supreme Court, Westchester County, dated December 30, 1976, as awarded plaintiff a counsel fee of $12,000, plus disbursements. Order modified, on the facts, by reducing the award of the counsel fee to $5,000, plus disbursements. As so modified, order affirmed insofar as appealed from, without costs or disbursements. To the extent indicated herein, the counsel fee allowed was excessive. We do not reach the issue raised by appellant as to the constitutionality of subdivision (b) of section 237 of the Domestic Relations Law. Appellant, having failed to request a counsel fee, lacks the requisite standing to challenge the constitutionality of the statute (see 8 NY Jur, Constitutional Law, § 50). Latham, J. P., Cohalan, Damiani and O’Connor, JJ., concur.

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In a matrimonial action, the defendant husband appeals from so much of an order of the Supreme Court, Westchester County, dated December 30, 1976, as awarded plaintiff a counsel fee of $12,000, plus disbursements. Order modified, on the facts, by reducing the award of the counsel fee to $5,000, plus disbursements. As so modified, order affirmed insofar as appealed from, without costs or disbursements. To the extent indicated herein, the counsel fee allowed was excessive. We do not reach the issue raised by appellant as to the constitutionality of subdivision (b) of section 237 of the Domestic Relations Law. Appellant, having failed to request a counsel fee, lacks the requisite standing to challenge the constitutionality of the statute (see 8 NY Jur, Constitutional Law, § 50). Latham, J. P., Cohalan, Damiani and O’Connor, JJ., concur.

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Bluebook (online)

60 A.D.2d 639, 400 N.Y.S.2d 356, 1977 N.Y. App. Div. LEXIS 14631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/childs-v-childs-nyappdiv-1977.

Opinion

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