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DOROTHY M. PAPADAKOS v. PETER J. PAPADAKOS (07/07/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


July 7, 1969

DOROTHY M. PAPADAKOS, APPELLANT-RESPONDENT,
v.
PETER J. PAPADAKOS, RESPONDENT-APPELLANT. (ACTION NO. 1.); PETER J. PAPADAKOS, RESPONDENT-APPELLANT, V. DOROTHY M. P. PAPADAKOS, APPELLANT-RESPONDENT. (ACTION NO. 2.)

This is a purported appeal by the former attorneys of Dorothy Mae Papadakos, a party in these consolidated actions, from that part of a judgment of the Supreme Court, Suffolk County, dated May 16, 1967, which limited the award of counsel fees to said party to $30,000 and disallowed costs. The parties themselves cross-appealed from the judgment, but their appeals are not considered herein.

Christ, Acting, P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

In an order of Special Term dated September 11, 1967, it was provided, inter alia, that the attorneys be permitted to intervene in the appeal by plaintiff in Action No. 1 "to the limited extent of submitting papers and briefs to sustain the amount of counsel fees awarded by the judgment" (emphasis supplied). They were not given permission to prosecute the appeal and argue that the legal fees awarded were inadequate. They were only given permission to intervene in the appeal for the purpose of sustaining the fee awarded. Although respondent-appellant has argued in his brief that the fee award should be reduced, we do not have before us the record upon which the trial court made its determination. Therefore, we have not considered such argument.

Disposition

Purported appeal dismissed, without costs.

19690707

© 1998 VersusLaw Inc.



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