Matter of Gademsky v. Masset

Full title: In the Matter of MARK GADEMSKY, Appellant, v. MARY BETH MASSET, Respondent

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

Date published: Mar 17, 1995

213 A.D.2d 1082 (N.Y. App. Div. 1995)

625 N.Y.S.2d 973

Opinion

March 17, 1995

Present — Lawton, J.P., Fallon, Wesley, Davis and Boehm, JJ.

Motion for counsel fees, costs and disbursements and cross motion for counsel fees, costs, disbursements and sanctions denied. Memorandum: We decline to award either party counsel fees and costs or to impose financial sanctions pursuant to 22 NYCRR 130-1.1. It cannot be said that either party has engaged in frivolous conduct (see, 22 NYCRR 130-1.1 [c]). Furthermore, an application for an award of appellate counsel fees should be addressed to Family Court (see, Family Ct Act § 651 [a]; Domestic Relations Law § 237 [b]; Matter of O'Neil v. O'Neil, 193 A.D.2d 16, 18).