Fisher v. Fisher

Appellate Division of the Supreme Court of New York

Fisher v. Fisher

114 A.D.2d 435, 494 N.Y.S.2d 992, 1985 N.Y. App. Div. LEXIS 53128

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

DecidedOctober 21, 1985

StatusPublished

This text of 114 A.D.2d 435 (Fisher v. Fisher) 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

Fisher v. Fisher, 114 A.D.2d 435, 494 N.Y.S.2d 992, 1985 N.Y. App. Div. LEXIS 53128 (N.Y. Ct. App. 1985).

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Opinion

In a matrimonial action, the defendant husband appeals from so much of a judgment of the Supreme Court, Suffolk County (Geiler, J.), dated March 12, 1984, as awarded $4,000 in counsel fees to the plaintiff wife.

Judgment reversed, insofar as appealed from, without costs or disbursements, award of counsel fees vacated, and matter remitted to Special Term for a hearing and new determination with respect to counsel fees.

Defendant argues, and plaintiff concedes, that the matter should be remitted to Special Term for a hearing on the issue of plaintiff’s entitlement to an award of counsel fees (see, [436]*436Domestic Relations Law § 237). We agree. We would also direct the parties’ attention to the requirements of 22 NYCRR 699.11, 117.2. Mangano, J. P., Thompson, Brown and Eiber, JJ., concur.

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In a matrimonial action, the defendant husband appeals from so much of a judgment of the Supreme Court, Suffolk County (Geiler, J.), dated March 12, 1984, as awarded $4,000 in counsel fees to the plaintiff wife.

Judgment reversed, insofar as appealed from, without costs or disbursements, award of counsel fees vacated, and matter remitted to Special Term for a hearing and new determination with respect to counsel fees.

Defendant argues, and plaintiff concedes, that the matter should be remitted to Special Term for a hearing on the issue of plaintiff’s entitlement to an award of counsel fees (see, [436]*436Domestic Relations Law § 237). We agree. We would also direct the parties’ attention to the requirements of 22 NYCRR 699.11, 117.2. Mangano, J. P., Thompson, Brown and Eiber, JJ., concur.

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Bluebook (online)

114 A.D.2d 435, 494 N.Y.S.2d 992, 1985 N.Y. App. Div. LEXIS 53128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-fisher-nyappdiv-1985.

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