Jaeger v. Scherer

Appellate Division of the Supreme Court of New York

Jaeger v. Scherer

24 A.D.2d 878, 1965 N.Y. App. Div. LEXIS 3069

Appellate Division of the Supreme Court of the State of New York·Decided November 8, 1965·Published·Cited by 1 cases

Opinion

Motion by petitioner-respondent to direct appellant to pay $500 to her for counsel fees upon the appeal from an order of filiation, denied without prejudice to an application to the Family Court under section 536 of the Family Court Act for such relief (cf. Bartsch v. Seneca, 22 A D 2d 773). In our opinion, the statute empowers the Family Court to grant an allowance of counsel fees to be incurred by the mother in defending against an appeal taken from an order of filiation (Matter of Giacoman v. Boer, 23 A D 2d 737). (See Matter of Jaeger v. Scherer, 24 A D 2d 878.) Brennan, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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Motion by petitioner-respondent to direct appellant to pay $500 to her for counsel fees upon the appeal from an order of filiation, denied without prejudice to an application to the Family Court under section 536 of the Family Court Act for such relief (cf. Bartsch v. Seneca, 22 A D 2d 773). In our opinion, the statute empowers the Family Court to grant an allowance of counsel fees to be incurred by the mother in defending against an appeal taken from an order of filiation (Matter of Giacoman v. Boer, 23 A D 2d 737). (See Matter of Jaeger v. Scherer, 24 A D 2d 878.) Brennan, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

Jaeger v. Scherer, 24 A.D.2d 878, 1965 N.Y. App. Div. LEXIS 3069 (N.Y. Ct. App. 1965).

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Opinion

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