From Casetext: Smarter Legal Research

Reilly v. Reilly

Supreme Court, Appellate Division, Second Department, New York.
Apr 10, 2012
94 A.D.3d 897 (N.Y. App. Div. 2012)

Opinion

2012-04-10

In the Matter of Brian G. REILLY, appellant, v. Carole A. REILLY, respondent. (Proceeding No. 1).In the Matter of Carole A. Reilly, respondent, v. Brian G. Reilly, appellant. (Proceeding No. 2).


Brian G. Reilly, Wappingers, N.Y., appellant pro se.

In a custody and visitation proceeding pursuant to Family Court Act article 6, and a related family offense proceeding pursuant to Family Court Act article 8, the father appeals from an order of the Family Court, Dutchess County (Posner, J.), dated August 2, 2011, which, after remittitur by this Court ( see Matter of Reilly v. Reilly, 79 A.D.3d 1132, 913 N.Y.S.2d 573), granted the mother's motion for an award of counsel fees to the extent of directing him to pay her the sum of $6,000.

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the father's contention, in accordance with our order remitting the matter, the Family Court clearly specified that the mother was entitled to an award of counsel fees under Domestic Relations Law § 237(b) and Family Court Act § 842(f). We discern no basis to disturb that determination ( see Matter of O'Shea v. Parker, 16 A.D.3d 510, 790 N.Y.S.2d 717; Matter of Rogers v. Rogers, 161 A.D.2d 766, 767, 556 N.Y.S.2d 114).

*855 The father's remaining contentions either were raised and rejected on the prior appeal, and are therefore barred by the doctrine of law of the case, or are without merit ( see Aurora Loan Servs., LLC v. Grant, 88 A.D.3d 929, 931 N.Y.S.2d 523, lv. denied 18 N.Y.3d 804, 2012 WL 117933).

BALKIN, J.P., CHAMBERS, HALL and SGROI, JJ., concur.


Summaries of

Reilly v. Reilly

Supreme Court, Appellate Division, Second Department, New York.
Apr 10, 2012
94 A.D.3d 897 (N.Y. App. Div. 2012)
Case details for

Reilly v. Reilly

Case Details

Full title:In the Matter of Brian G. REILLY, appellant, v. Carole A. REILLY…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Apr 10, 2012

Citations

94 A.D.3d 897 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 2696
941 N.Y.S.2d 854