Ferrer v. Ferrer

Appellate Division of the Supreme Court of New York

Ferrer v. Ferrer

20 A.D.2d 548, 246 N.Y.S.2d 179, 1963 N.Y. App. Div. LEXIS 2763

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

DecidedDecember 9, 1963

StatusPublished

This text of 20 A.D.2d 548 (Ferrer v. Ferrer) 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

Ferrer v. Ferrer, 20 A.D.2d 548, 246 N.Y.S.2d 179, 1963 N.Y. App. Div. LEXIS 2763 (N.Y. Ct. App. 1963).

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Opinion

In an action by a wife for a judicial separation, the wife appeals from so much of an order of the Supreme -Court, Kings County, dated September 9, 1963, as limited to $150 the award to her of a counsel fee to enable her to oppose the husband’s pending appeal from an order of said court, dated May 20, 1963, and from the judgment entered thereon May 23, 1963. (See Ferrer v. Ferrer, 20 A D 2d 548.) Order modified by amending its first decretal paragraph so as to increase the counsel fee from $150 to $500. As so modified, order, insofar as appealed from, affirmed, with $10 costs and disbursements to plaintiff. The defendant husband’s time to pay the counsel fee (as increased) is extended until 20 days after entry of the order hereon. Under all the circumstances, we believe that the Special Term’s award of a counsel fee of $150 to enable the wife to oppose the husband’s pending appeal was inadequate to the extent indicated. Beldock, P. J., Hill, Rabin and Hopkins, JJ., concur.

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In an action by a wife for a judicial separation, the wife appeals from so much of an order of the Supreme -Court, Kings County, dated September 9, 1963, as limited to $150 the award to her of a counsel fee to enable her to oppose the husband’s pending appeal from an order of said court, dated May 20, 1963, and from the judgment entered thereon May 23, 1963. (See Ferrer v. Ferrer, 20 A D 2d 548.) Order modified by amending its first decretal paragraph so as to increase the counsel fee from $150 to $500. As so modified, order, insofar as appealed from, affirmed, with $10 costs and disbursements to plaintiff. The defendant husband’s time to pay the counsel fee (as increased) is extended until 20 days after entry of the order hereon. Under all the circumstances, we believe that the Special Term’s award of a counsel fee of $150 to enable the wife to oppose the husband’s pending appeal was inadequate to the extent indicated. Beldock, P. J., Hill, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

20 A.D.2d 548, 246 N.Y.S.2d 179, 1963 N.Y. App. Div. LEXIS 2763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferrer-v-ferrer-nyappdiv-1963.