Pfohl v. Marabella

Appellate Division of the Supreme Court of New York

Pfohl v. Marabella

195 A.D.2d 1058, 602 N.Y.S.2d 577, 1993 N.Y. App. Div. LEXIS 7882

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

DecidedJuly 16, 1993

StatusPublished

Cited by3 cases

This text of 195 A.D.2d 1058 (Pfohl v. Marabella) 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

Pfohl v. Marabella, 195 A.D.2d 1058, 602 N.Y.S.2d 577, 1993 N.Y. App. Div. LEXIS 7882 (N.Y. Ct. App. 1993).

Pincite

Opinion

Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in directing petitioners to pay $3,500 to respondent’s attorney as partial payment for counsel fees incurred by respondent. The court lacked authority to award counsel fees against petitioners in this proceeding seeking grandparent visitation (see, Domestic Relations Law § 237 [b]; Lewin v Caplan, 159 AD2d 369, 370; Matter of Norman D. "JJ” v Family & Childrens Serv., 39 AD2d 612; Matter of Koch v Koch, 99 Misc 2d 124). In light of our determination, we do not reach the remaining issues advanced by petitioners. (Appeal from Order of Supreme Court, Erie County, Mattina, J.—Counsel Fees.) Present —Pine, J. P., Fallon, Boomer, Davis and Boehm, JJ.

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Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in directing petitioners to pay $3,500 to respondent’s attorney as partial payment for counsel fees incurred by respondent. The court lacked authority to award counsel fees against petitioners in this proceeding seeking grandparent visitation (see, Domestic Relations Law § 237 [b]; Lewin v Caplan, 159 AD2d 369, 370; Matter of Norman D. "JJ” v Family & Childrens Serv., 39 AD2d 612; Matter of Koch v Koch, 99 Misc 2d 124). In light of our determination, we do not reach the remaining issues advanced by petitioners. (Appeal from Order of Supreme Court, Erie County, Mattina, J.—Counsel Fees.) Present —Pine, J. P., Fallon, Boomer, Davis and Boehm, JJ.

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Bluebook (online)

195 A.D.2d 1058, 602 N.Y.S.2d 577, 1993 N.Y. App. Div. LEXIS 7882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pfohl-v-marabella-nyappdiv-1993.

Opinion

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