Pfeiffer v. Byrne

Appellate Division of the Supreme Court of New York

Pfeiffer v. Byrne

74 A.D.2d 791, 425 N.Y.S.2d 824, 1980 N.Y. App. Div. LEXIS 10517

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

DecidedMarch 18, 1980

StatusPublished

Cited by4 cases

This text of 74 A.D.2d 791 (Pfeiffer v. Byrne) 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

Pfeiffer v. Byrne, 74 A.D.2d 791, 425 N.Y.S.2d 824, 1980 N.Y. App. Div. LEXIS 10517 (N.Y. Ct. App. 1980).

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Opinions

Order, Family Court, New York County, entered on or about May 15, 1979, granting, inter aha, the motion of respondent’s counsel to he relieved and awarding counsel fees in the amount of $3,000, modified, on the law and the facts, without costs and without disbursements, to the extent of striking so much of the counsel fee as is applicable to custody and visitation, and entry of judgment and enforcement proceedings, and remanding for a hearing to fix and allow counsel fees applicable only to child support and filiation proceedings. The parties to this action have been engaged in what has been termed "acrimonious” litigation for custody of their infant daughter who was horn out of wedlock. An interim order requiring petitioner-appellant to support the daughter and an order of filiation declaring petitioner the father of the girl were entered on June 8, 1978. However, during the pendency of the custody proceedings the respondent mother fled and her whereabouts are unknown. Thereafter, respondent’s counsel made the instant motion. Under these circumstances it was error for the court to render a composite award in the absence of a final order or judgment (Domestic Relations Law, § 237, subd [b]). A partial award would have been more appropriate (Family Ct Act, §§ 438, 536). Concur — Birns, J. P., Bloom and Ross, JJ.

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Order, Family Court, New York County, entered on or about May 15, 1979, granting, inter aha, the motion of respondent’s counsel to he relieved and awarding counsel fees in the amount of $3,000, modified, on the law and the facts, without costs and without disbursements, to the extent of striking so much of the counsel fee as is applicable to custody and visitation, and entry of judgment and enforcement proceedings, and remanding for a hearing to fix and allow counsel fees applicable only to child support and filiation proceedings. The parties to this action have been engaged in what has been termed "acrimonious” litigation for custody of their infant daughter who was horn out of wedlock. An interim order requiring petitioner-appellant to support the daughter and an order of filiation declaring petitioner the father of the girl were entered on June 8, 1978. However, during the pendency of the custody proceedings the respondent mother fled and her whereabouts are unknown. Thereafter, respondent’s counsel made the instant motion. Under these circumstances it was error for the court to render a composite award in the absence of a final order or judgment (Domestic Relations Law, § 237, subd [b]). A partial award would have been more appropriate (Family Ct Act, §§ 438, 536). Concur — Birns, J. P., Bloom and Ross, JJ.

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Bluebook (online)

74 A.D.2d 791, 425 N.Y.S.2d 824, 1980 N.Y. App. Div. LEXIS 10517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pfeiffer-v-byrne-nyappdiv-1980.

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