Landrigan v. Landrigan

Appellate Division of the Supreme Court of New York

Landrigan v. Landrigan

146 A.D.2d 575, 536 N.Y.S.2d 706, 1989 N.Y. App. Div. LEXIS 148

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

DecidedJanuary 9, 1989

StatusPublished

Cited by1 cases

This text of 146 A.D.2d 575 (Landrigan v. Landrigan) 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

Landrigan v. Landrigan, 146 A.D.2d 575, 536 N.Y.S.2d 706, 1989 N.Y. App. Div. LEXIS 148 (N.Y. Ct. App. 1989).

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Opinion

— In a proceeding to modify the child custody provisions of a North Carolina judgment of divorce, the appeal is from an order of the Family Court, Rockland County (Stanger, J.), dated October 7, 1987, which denied the wife’s application for counsel fees.

Ordered that the order is affirmed, with costs.

The appellant’s application for counsel fees contained only conclusory hearsay allegations by her attorney in support of her contention that she was unable to pay such fees. "[SJuch an award must be based on a showing of inability to pay, which was not demonstrated at bar” (Cook v Cook, 95 AD2d 768, 769; see also, Baynon v Baynon, 111 AD2d 733, 735; Furst v Furst, 88 AD2d 946; Standley v Standley, 83 AD2d 863, 864). Accordingly, the Family Court properly denied the application. Thompson, J. P., Rubin, Spatt and Balletta, JJ., concur.

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— In a proceeding to modify the child custody provisions of a North Carolina judgment of divorce, the appeal is from an order of the Family Court, Rockland County (Stanger, J.), dated October 7, 1987, which denied the wife’s application for counsel fees.

Ordered that the order is affirmed, with costs.

The appellant’s application for counsel fees contained only conclusory hearsay allegations by her attorney in support of her contention that she was unable to pay such fees. "[SJuch an award must be based on a showing of inability to pay, which was not demonstrated at bar” (Cook v Cook, 95 AD2d 768, 769; see also, Baynon v Baynon, 111 AD2d 733, 735; Furst v Furst, 88 AD2d 946; Standley v Standley, 83 AD2d 863, 864). Accordingly, the Family Court properly denied the application. Thompson, J. P., Rubin, Spatt and Balletta, JJ., concur.

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Bluebook (online)

146 A.D.2d 575, 536 N.Y.S.2d 706, 1989 N.Y. App. Div. LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landrigan-v-landrigan-nyappdiv-1989.

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