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McCreery v. McCreery

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


February 10, 2009

LISA MCCREERY, RESPONDENT,
v.
WILLIAM MCCREERY, APPELLANT.

In a matrimonial action in which the parties were divorced by judgment dated October 20, 2005, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Ross, J.), dated March 31, 2008, as denied that branch of his cross motion which was for an award of an attorney's fee.

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.

REINALDO E. RIVERA, J.P., MARK C. DILLON, HOWARD MILLER, RUTH C. BALKIN and JOHN M. LEVENTHAL, JJ.

(Index No. 201314/04)

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

Under the facts of this case, the Supreme Court properly denied that branch of the defendant's cross motion which was for an award of an attorney's fee.

RIVERA, J.P., DILLON, MILLER, BALKIN and LEVENTHAL, JJ., concur.

20090210

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