Weekley v. Weekley

Appellate Division of the Supreme Court of New York

Weekley v. Weekley

291 A.D.2d 490, 738 N.Y.S.2d 227, 2002 N.Y. App. Div. LEXIS 1885

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

DecidedFebruary 19, 2002

StatusPublished

This text of 291 A.D.2d 490 (Weekley v. Weekley) 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

Weekley v. Weekley, 291 A.D.2d 490, 738 N.Y.S.2d 227, 2002 N.Y. App. Div. LEXIS 1885 (N.Y. Ct. App. 2002).

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Opinion

—In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Westchester County (Scancarelli, J.), entered [491]*491November 3, 2000, which denied her motion, without prejudice, for pendente lite counsel fees.

Ordered that the order is affirmed, with costs.

Domestic Relations Law § 237 (a), inter alia, provides that the Supreme Court, in its discretion and having regard to the circumstances of the case and of the parties, may award pendente lite counsel fees to enable a spouse to proceed in a divorce action. The Supreme Court providently exercised its discretion in denying the plaintiffs motion, without prejudice, as she has sufficient funds to pay her attorney’s fee at this time (see, Louis v Gaines, 255 AD2d 561; Fisher v Fisher, 208 AD2d 433; McCarthy v McCarthy, 172 AD2d 1040). Florio, J.P., O’Brien, H. Miller and Townes, JJ., concur.

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—In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Westchester County (Scancarelli, J.), entered [491]*491November 3, 2000, which denied her motion, without prejudice, for pendente lite counsel fees.

Ordered that the order is affirmed, with costs.

Domestic Relations Law § 237 (a), inter alia, provides that the Supreme Court, in its discretion and having regard to the circumstances of the case and of the parties, may award pendente lite counsel fees to enable a spouse to proceed in a divorce action. The Supreme Court providently exercised its discretion in denying the plaintiffs motion, without prejudice, as she has sufficient funds to pay her attorney’s fee at this time (see, Louis v Gaines, 255 AD2d 561; Fisher v Fisher, 208 AD2d 433; McCarthy v McCarthy, 172 AD2d 1040). Florio, J.P., O’Brien, H. Miller and Townes, JJ., concur.

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Bluebook (online)

291 A.D.2d 490, 738 N.Y.S.2d 227, 2002 N.Y. App. Div. LEXIS 1885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weekley-v-weekley-nyappdiv-2002.

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