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Thomas Gass v. Susan Gass

New York Supreme and/or Appellate Courts Appellate Division, First Department


January 26, 2012

THOMAS GASS, PLAINTIFF-RESPONDENT,
v.
SUSAN GASS, DEFENDANT-APPELLANT.

Gass v Gass

Decided on January 26, 2012

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.

Mazzarelli, J.P., Saxe, Catterson, Acosta, Roman, JJ.

Order, Supreme Court, New York County (Saralee Evans, J.), entered August 26, 2010, which, to the extent appealed from as limited by the briefs, denied defendant's motion for additional discovery and for counsel fees, unanimously affirmed, without costs.

Defendant's request for additional discovery for purposes of the hearing on equitable distribution has been rendered moot by the fact that the hearing was held on December 1, 2011. In any event, there was no basis to delay the hearing for additional discovery since any outstanding issues or gaps in disclosure could have been addressed at the hearing. Moreover, resolution of this matter is long overdue.

Defendant failed to establish her need for interim counsel fees (see Domestic Relations Law § 237[a]; Charpie v Charpie, 271 AD2d 169, 173 [2000]). Defendant did not submit a current statement of her own or of plaintiff's net worth or an affidavit by her attorney stating the amount of attorneys' fees already paid, the amounts to be paid to counsel and any experts, or any additional costs (see Mimran v Mimran, 83 AD3d 550, 550-551 [2011]; 22 NYCRR 202.16[k][2], [3]).

We have considered defendant's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 26, 2012

CLERK

20120126

© 1992-2012 VersusLaw Inc.



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