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Sarfaty v. Recine

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 2, 2008

IN THE MATTER OF DEBRA SARFATY, RESPONDENT,
v.
RALPH RECINE, APPELLANT.

In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Westchester County (Edlitz, J.), entered March 13, 2008, which denied his objections to an order of the same court (Furman, S.M.), entered November 30, 2007, which, after a hearing, granted the mother's motion for a money judgment for an award of an attorney's fee in the sum of $16,770.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., REINALDO E. RIVERA, STEVEN W. FISHER and RANDALL T. ENG, JJ.

(Docket No. F-2194-05)

DECISION & ORDER

ORDERED that the order is affirmed, without costs or disbursements.

"[T]he award of reasonable counsel fees is a matter within the sound discretion of the trial court" (Matter of Grald v Grald, 33 AD3d 922, 923). Under the facts of this case, the Family Court providently exercised its discretion in awarding the mother a money judgment for an award of an attorney's fee in the sum of $16,770 (see Family Ct Act § 438[a], [b]; Matter of Israel v Israel, 273 AD2d 385).

MASTRO, J.P., RIVERA, FISHER and ENG, JJ., concur.

20081202

© 1992-2008 VersusLaw Inc.



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