Guercio v. Guercio

Appellate Division of the Supreme Court of New York

Guercio v. Guercio

72 A.D.2d 553, 420 N.Y.S.2d 1017, 1979 N.Y. App. Div. LEXIS 13623

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

DecidedOctober 15, 1979

StatusPublished

This text of 72 A.D.2d 553 (Guercio v. Guercio) 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

Guercio v. Guercio, 72 A.D.2d 553, 420 N.Y.S.2d 1017, 1979 N.Y. App. Div. LEXIS 13623 (N.Y. Ct. App. 1979).

Pincite

Opinion

In a proceeding pursuant to article 4 of the Family Court Act, the parties cross-appeal from an order of the Family Court, Suffolk County, dated December 11, 1978, which (1) granted arrears in alimony in the amount of $3,300 and (2) failed to grant counsel fees to petitioner. Order modified, on the law, by adding thereto a provision providing that Salvatore Guercio is required to pay the sum of $500 as counsel fees to the petitioner’s attorney. As so modified, order affirmed, without costs or disbursements. The findings of the Family Court are fully [554]*554supported by the record and the award of arrears is affirmed for the reasons set forth in the memorandum of Judge Mallon at the Family Court. However, the Trial Judge denied the petitioner’s application for counsel fees on the ground that there was no indication that her "attorney accepted the retainer in reliance upon” the husband’s credit. This is not a criterion for the award of counsel fees. Under the circumstances of this record it was an improvident exercise of discretion to deny the petitioner’s application for a counsel fee and in our opinion the sum of $500 is a fair and reasonable fee for the services rendered by petitioner’s attorney (see Family Ct Act, § 438). Gulotta, J. P., Cohalan, Martuscello and Gibbons, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to article 4 of the Family Court Act, the parties cross-appeal from an order of the Family Court, Suffolk County, dated December 11, 1978, which (1) granted arrears in alimony in the amount of $3,300 and (2) failed to grant counsel fees to petitioner. Order modified, on the law, by adding thereto a provision providing that Salvatore Guercio is required to pay the sum of $500 as counsel fees to the petitioner’s attorney. As so modified, order affirmed, without costs or disbursements. The findings of the Family Court are fully [554]*554supported by the record and the award of arrears is affirmed for the reasons set forth in the memorandum of Judge Mallon at the Family Court. However, the Trial Judge denied the petitioner’s application for counsel fees on the ground that there was no indication that her "attorney accepted the retainer in reliance upon” the husband’s credit. This is not a criterion for the award of counsel fees. Under the circumstances of this record it was an improvident exercise of discretion to deny the petitioner’s application for a counsel fee and in our opinion the sum of $500 is a fair and reasonable fee for the services rendered by petitioner’s attorney (see Family Ct Act, § 438). Gulotta, J. P., Cohalan, Martuscello and Gibbons, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

72 A.D.2d 553, 420 N.Y.S.2d 1017, 1979 N.Y. App. Div. LEXIS 13623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guercio-v-guercio-nyappdiv-1979.