Gademsky v. Masset

Appellate Division of the Supreme Court of New York

Gademsky v. Masset

213 A.D.2d 1082, 625 N.Y.S.2d 973, 1995 N.Y. App. Div. LEXIS 4005

Appellate Division of the Supreme Court of the State of New York·Decided March 17, 1995·Published·Cited by 4 cases

Opinion

—Motion for counsel fees, costs and disbursements and cross motion for counsel fees, costs, disbursements and sanctions denied. Memorandum: We decline to award either party counsel fees and costs or to impose financial sanctions pursuant to 22 NYCRR 130-1.1. It cannot be said that either party has engaged in frivolous conduct (see, 22 NYCRR 130-1.1 [c]). Furthermore, an application for an award of appellate counsel fees should be addressed to Family Court (see, Family Ct Act § 651 [a]; Domestic Relations Law § 237 [b]; Matter of O’Neil v O’Neil, 193 AD2d 16, 18). Present—Lawton, J. P., Fallon, Wesley, Davis and Boehm, JJ.

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—Motion for counsel fees, costs and disbursements and cross motion for counsel fees, costs, disbursements and sanctions denied. Memorandum: We decline to award either party counsel fees and costs or to impose financial sanctions pursuant to 22 NYCRR 130-1.1. It cannot be said that either party has engaged in frivolous conduct (see, 22 NYCRR 130-1.1 [c]). Furthermore, an application for an award of appellate counsel fees should be addressed to Family Court (see, Family Ct Act § 651 [a]; Domestic Relations Law § 237 [b]; Matter of O’Neil v O’Neil, 193 AD2d 16, 18). Present—Lawton, J. P., Fallon, Wesley, Davis and Boehm, JJ.

Gademsky v. Masset, 213 A.D.2d 1082, 625 N.Y.S.2d 973, 1995 N.Y. App. Div. LEXIS 4005 (N.Y. Ct. App. 1995).

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Opinion

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