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Simmons v. Simmons

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 31, 2008

C. ELVIN SIMMONS, PLAINTIFF-APPELLANT,
v.
NANCY M. SIMMONS, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered February 4, 2008 in a divorce action. The order, insofar as appealed from, awarded defendant counsel fees in the amount of $2,000 for postjudgment enforcement proceedings.

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.

PRESENT: SCUDDER, P.J., HURLBUTT, FAHEY, PERADOTTO, AND PINE, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same Memorandum as in Simmons v Simmons ([appeal No. 1] ___ AD3d ___ [Dec. 31, 2008]).

20081231

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