Opinion
2003-00995
Submitted September 2, 2003.
September 29, 2003.
In a family offense proceeding pursuant to Family Court act article 8 and two related child custody proceedings pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Nassau County (Lawrence, J.), dated December 20, 2002, as denied that branch of her motion which was for an award of an attorney's fee.
Rita Stein, Mineola, N.Y., for appellant.
Steven J. Homayoon, Ronkonkoma, N.Y., for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The denial of the mother's application for an award of an attorney's fee was a provident exercise of discretion, taking into consideration the parties' positions and actions during the litigation ( cf. DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 881; Walker v. Walker, 255 A.D.2d 375, 376).
RITTER, J.P., GOLDSTEIN, McGINITY and CRANE, JJ., concur.