In re Raffio v. Scharf

Appellate Division of the Supreme Court of New York

In re Raffio v. Scharf

177 A.D.2d 697, 576 N.Y.S.2d 1010, 1991 N.Y. App. Div. LEXIS 14955

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

DecidedNovember 25, 1991

StatusPublished

This text of 177 A.D.2d 697 (In re Raffio v. Scharf) 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

In re Raffio v. Scharf, 177 A.D.2d 697, 576 N.Y.S.2d 1010, 1991 N.Y. App. Div. LEXIS 14955 (N.Y. Ct. App. 1991).

Pincite

Opinion

In a proceeding, inter alia, for counsel fees, Linda Scharf appeals, as limited by her brief, from so much of an order of the Family Court, Westchester County (Scancarelli, J.), entered February 28, 1990, as (a) granted the petitioner leave to enter a money judgment for $1,125 in counsel fees, plus statutory interest from December 15, 1988, and (b) awarded the petitioner further counsel fees in the amount of $500.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellant’s contentions, we find that the award of additional counsel fees was authorized by statute (see, Family Ct Act § 438 [a]). Further, although counsel fees are not ordinarily awarded without an evidentiary hearing, on the facts of the present case, which required two days of hearing on the petitioner’s application for substantive relief, the award of an additional $500 in counsel fees without a hearing on the issue was proper (see, Gross v Gross, 160 AD2d 976).

We have examined the appellant’s remaining contentions [698]*698and find them to be without merit. Eiber, J. P., Rosenblatt, O’Brien and Ritter, JJ., concur.

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

In a proceeding, inter alia, for counsel fees, Linda Scharf appeals, as limited by her brief, from so much of an order of the Family Court, Westchester County (Scancarelli, J.), entered February 28, 1990, as (a) granted the petitioner leave to enter a money judgment for $1,125 in counsel fees, plus statutory interest from December 15, 1988, and (b) awarded the petitioner further counsel fees in the amount of $500.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellant’s contentions, we find that the award of additional counsel fees was authorized by statute (see, Family Ct Act § 438 [a]). Further, although counsel fees are not ordinarily awarded without an evidentiary hearing, on the facts of the present case, which required two days of hearing on the petitioner’s application for substantive relief, the award of an additional $500 in counsel fees without a hearing on the issue was proper (see, Gross v Gross, 160 AD2d 976).

We have examined the appellant’s remaining contentions [698]*698and find them to be without merit. Eiber, J. P., Rosenblatt, O’Brien and Ritter, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

177 A.D.2d 697, 576 N.Y.S.2d 1010, 1991 N.Y. App. Div. LEXIS 14955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-raffio-v-scharf-nyappdiv-1991.

Opinion

Related

Cite This Page — Counsel Stack