Opinion
December 10, 1970
Order, Family Court of the State of New York, New York County, entered on May 28, 1970, unanimously modified, on the law, on the facts and in the exercise of discretion, to the extent of striking therefrom the award of counsel fees and, as so modified, the order is affirmed, without costs and without disbursements. There is no support in the record for the finding of Family Court that the services of petitioner's attorneys were responsible for the additional voluntary payments made by the father for the support of the children. Furthermore, there is no proof that the services were beneficial to either petitioner or the children.
Concur — Stevens, P.J., Eager, Capozzoli, Tilzer and Bastow, JJ.