Becker v. Becker

Full title: BRIGITTE U. BECKER, Respondent, v. HENRY BECKER, Appellant. (Appeal No. 2.)

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

Date published: Dec 23, 1988

145 A.D.2d 968 (N.Y. App. Div. 1988)

Opinion

December 23, 1988

Appeal from the Erie County Family Court, Notaro, J.

Present — Callahan, J.P., Boomer, Green, Pine and Davis, JJ.

Order unanimously modified on the law and facts and as modified affirmed without costs, in accordance with the following memorandum: Family Court should not have awarded counsel fees to petitioner. Petitioner had sufficient funds to pay her own counsel fees and the financial circumstances of the parties were approximately equal (see, Remetich v Schoenberg, 100 A.D.2d 581; cf., Polite v Polite, 127 A.D.2d 465, 467).