McCullough v. Falardeau

Appellate Division of the Supreme Court of New York

McCullough v. Falardeau

184 A.D.2d 989, 585 N.Y.S.2d 592, 1992 N.Y. App. Div. LEXIS 8593

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

DecidedJune 25, 1992

StatusPublished

Cited by8 cases

This text of 184 A.D.2d 989 (McCullough v. Falardeau) 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

McCullough v. Falardeau, 184 A.D.2d 989, 585 N.Y.S.2d 592, 1992 N.Y. App. Div. LEXIS 8593 (N.Y. Ct. App. 1992).

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Opinion

Appeal from an order of the Family Court of St. Lawrence County (Nelson, J.), entered November 20, 1991, which, in a proceeding pursuant to Family Court Act article 4, directed respondent to pay petitioner counsel fees.

We reject respondent’s contention that Family Court erred in directing him to pay petitioner’s counsel fees. In support proceedings, the question of whether counsel fees should be awarded is within Family Court’s discretion to decide (see, Family Ct Act § 438 [a]; Goldstein v Goldstein, 123 AD2d 739). Although respondent’s argument focuses primarily on the parties’ respective financial capabilities, the ability to pay is only one factor to be considered in awarding counsel fees (see, McCann v Guterl, 100 AD2d 577). In this case, the court not only considered the parties’ financial abilities but also the nature and extent of the legal services provided, the professional standing of counsel, the nature of the issues and the results achieved, as well as the reasonableness of counsel’s performance under the circumstances (see, McCann v Guterl, supra). Based upon the record before us, we find no abuse of discretion in the court’s conclusion that reasonable counsel fees should have been awarded to petitioner (see, Matter of Burke v White, 126 AD2d 838).

Mikoll, J. P., Yesawich Jr., Crew III, Casey and Harvey, JJ., concur. Ordered that the order is affirmed, with costs.

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Appeal from an order of the Family Court of St. Lawrence County (Nelson, J.), entered November 20, 1991, which, in a proceeding pursuant to Family Court Act article 4, directed respondent to pay petitioner counsel fees.

We reject respondent’s contention that Family Court erred in directing him to pay petitioner’s counsel fees. In support proceedings, the question of whether counsel fees should be awarded is within Family Court’s discretion to decide (see, Family Ct Act § 438 [a]; Goldstein v Goldstein, 123 AD2d 739). Although respondent’s argument focuses primarily on the parties’ respective financial capabilities, the ability to pay is only one factor to be considered in awarding counsel fees (see, McCann v Guterl, 100 AD2d 577). In this case, the court not only considered the parties’ financial abilities but also the nature and extent of the legal services provided, the professional standing of counsel, the nature of the issues and the results achieved, as well as the reasonableness of counsel’s performance under the circumstances (see, McCann v Guterl, supra). Based upon the record before us, we find no abuse of discretion in the court’s conclusion that reasonable counsel fees should have been awarded to petitioner (see, Matter of Burke v White, 126 AD2d 838).

Mikoll, J. P., Yesawich Jr., Crew III, Casey and Harvey, JJ., concur. Ordered that the order is affirmed, with costs.

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Bluebook (online)

184 A.D.2d 989, 585 N.Y.S.2d 592, 1992 N.Y. App. Div. LEXIS 8593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccullough-v-falardeau-nyappdiv-1992.

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