Opinion
2018–05666 Docket No. F–10296–09/17K
04-03-2019
In the Matter of Elizabeth GRACE, Respondent, v. Flash RUSSO, Appellant.
Hani M. Moskowitz, Garden City, NY, for appellant.
Hani M. Moskowitz, Garden City, NY, for appellant.
JOHN M. LEVENTHAL, J.P., JEFFREY A. COHEN, SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDERIn a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Nassau County (Eileen C. Daly–Sapraicone, J.), dated March 21, 2018. The order granted the mother's motion for an award of counsel fees to the extent of awarding her the sum of $ 7,169.28.
ORDERED that the order is affirmed, without costs or disbursements.
Inasmuch as the father was found to be in willful violation of an order of support, the Family Court was required by Family Court Act § 438(b) to award the mother counsel fees (see Matter of Brady v. White , 168 A.D.3d 723, 91 N.Y.S.3d 509 ; Matter of Torres v. Moran , 143 A.D.3d 730, 38 N.Y.S.3d 603 ). Under the circumstances, the court's counsel fee award in the sum of $ 7,169.28 was reasonable (see Matter of Root v. Root , 161 A.D.3d 1169, 1170, 77 N.Y.S.3d 483 ; Matter of Villanti v. Grucci , 111 A.D.3d 842, 975 N.Y.S.2d 352 ).
The father's remaining contention is not properly before us on this appeal from the order granting the mother's motion for counsel fees.
LEVENTHAL, J.P., COHEN, HINDS–RADIX and BRATHWAITE NELSON, JJ., concur.