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Carlan v. Carlan

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1985
112 A.D.2d 911 (N.Y. App. Div. 1985)

Opinion

August 5, 1985

Appeal from the Supreme Court, Nassau County (Widlitz, J.).


Order affirmed, insofar as appealed from, with costs. The stay granted by order of this court dated November 7, 1984 is vacated and defendant is directed to pay the plaintiff a counsel fee in the amount of $500 within 30 days after service upon him of a copy of the order to be made hereon, with notice of entry.

Special Term correctly noted, inter alia, that defendant's answering papers "failed to address the issue at hand" and "fail[ed] to demonstrate any viable reason that the relief sought [dental care] would not be in the best interest of the children of the parties". Accordingly, Special Term did not abuse its discretion in granting the plaintiff counsel fees without conducting a hearing ( cf. Ardito v. Ardito, 97 A.D.2d 830; Stern v. Stern, 67 A.D.2d 253). Gibbons, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.


Summaries of

Carlan v. Carlan

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1985
112 A.D.2d 911 (N.Y. App. Div. 1985)
Case details for

Carlan v. Carlan

Case Details

Full title:LORAINE CARLAN, Respondent, v. ANDREW E. CARLAN, Appellant

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

Date published: Aug 5, 1985

Citations

112 A.D.2d 911 (N.Y. App. Div. 1985)

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