Opinion
December 14, 1970
In a support proceeding, petitioner appeals from so much of an order of the Family Court, Kings County, dated August 21, 1970, which determined the proceeding, as denied her attorney a counsel fee. Order reversed insofar as appealed from, without costs, on the law and the facts, and respondent is directed to pay petitioner's attorney, Max Epstein, a counsel fee of $500. It was an abuse of discretion to deny a counsel fee to petitioner's attorney, pursuant to section 438 FCT of the Family Court Act, in view of the services he rendered to petitioner which resulted in her receiving a provision for her support and that of her two infant children. Rabin, Acting P.J., Hopkins, Latham, Brennan and Benjamin, JJ., concur.