Drabek v. Drabek

Appellate Division of the Supreme Court of New York

Drabek v. Drabek

92 A.D.2d 722, 461 N.Y.S.2d 132, 1983 N.Y. App. Div. LEXIS 17019

Appellate Division of the Supreme Court of the State of New York·Decided February 28, 1983·Published·Cited by 2 cases

Opinion

— Appeal from order entered October 17, 1979 unanimously dismissed as academic; order entered March 12, 1981 unanimously reversed, without costs, and plaintiff’s motion for counsel fees denied. Memorandum: It was an improvident exercise of discretion to direct defendant to pay temporary counsel fees of $1,250 on behalf of plaintiff (see Domestic Relations Law, § 237, subd [a]). At the time of the award, plaintiff’s net assets exceeded $100,000 and included at least $52,000 in cash. She was fully capable of paying her own counsel fees. (Appeal from order of Supreme Court, Erie County, Gossel, J. ■—• counsel fees.) Present — Dillon, P. J., Hancock, Jr., Doerr, Moule and Schnepp, JJ.

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— Appeal from order entered October 17, 1979 unanimously dismissed as academic; order entered March 12, 1981 unanimously reversed, without costs, and plaintiff’s motion for counsel fees denied. Memorandum: It was an improvident exercise of discretion to direct defendant to pay temporary counsel fees of $1,250 on behalf of plaintiff (see Domestic Relations Law, § 237, subd [a]). At the time of the award, plaintiff’s net assets exceeded $100,000 and included at least $52,000 in cash. She was fully capable of paying her own counsel fees. (Appeal from order of Supreme Court, Erie County, Gossel, J. ■—• counsel fees.) Present — Dillon, P. J., Hancock, Jr., Doerr, Moule and Schnepp, JJ.

Drabek v. Drabek, 92 A.D.2d 722, 461 N.Y.S.2d 132, 1983 N.Y. App. Div. LEXIS 17019 (N.Y. Ct. App. 1983).

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Opinion

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