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Mariellen Lane Bradley, Plaintiff-Respondent v. Peter William Bradley

May 31, 2012

MARIELLEN LANE BRADLEY, PLAINTIFF-RESPONDENT,
v.
PETER WILLIAM BRADLEY, DEFENDANT-APPELLANT.



Bradley v Bradley

Decided on May 31, 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., Catterson, DeGrasse, Richter, Manzanet-Daniels, JJ.

Order, Supreme Court, New York County (Ellen Gesmer, J.), entered May 6, 2011, which granted plaintiff's motion to direct defendant to pay her $25,000 to enable her to retain counsel in an out-of-state non-matrimonial action and to pay any subsequent legal fees she incurs therein, unanimously reversed, on the law, without costs, and the motion denied.

In a matrimonial action, the court is not authorized to award counsel fees to either party for legal services rendered in a non-matrimonial action or proceeding, even where the two actions are related (see e.g. Schapiro v Schapiro, 204 AD2d 87 [1994]; Anonymous v Anonymous, 258 AD2d 547 [1999]; Ravel v Ravel, 235 AD2d 410 [1997]).

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

ENTERED: MAY 31, 2012

CLERK

20120531

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