Fisher v. Fisher

Full title: MARY FISHER, Respondent, v. CURTIS FISHER, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 21, 1985

114 A.D.2d 435 (N.Y. App. Div. 1985)

Opinion

October 21, 1985

Appeal from the Supreme Court, Suffolk County (Geiler, J.).

Judgment reversed, insofar as appealed from, without costs or disbursements, award of counsel fees vacated, and matter remitted to Special Term for a hearing and new determination with respect to counsel fees.

Defendant argues, and plaintiff concedes, that the matter should be remitted to Special Term for a hearing on the issue of plaintiff's entitlement to an award of counsel fees (see, Domestic Relations Law § 237). We agree. We would also direct the parties' attention to the requirements of 22 NYCRR 699.11, 117.2. Mangano, J.P., Thompson, Brown and Eiber, JJ., concur.