Opinion
2019-02891 Docket No. O-7692-18
04-29-2020
In the Matter of Heather CHRISTY, Appellant, v. Frank CHRISTY, Respondent.
Wand & Goody, LLP, Huntington, N.Y. (Jennifer H. Goody of counsel), for appellant. Anthony DeCarolis, PLLC, Oyster Bay, NY, for respondent.
Wand & Goody, LLP, Huntington, N.Y. (Jennifer H. Goody of counsel), for appellant.
Anthony DeCarolis, PLLC, Oyster Bay, NY, for respondent.
WILLIAM F. MASTRO, J.P., SHERI S. ROMAN, JOSEPH J. MALTESE, BETSY BARROS, JJ.
DECISION & ORDER
ORDERED that the order is affirmed, with costs.
In this family offense proceeding pursuant to Family Court Act article 8, the Family Court, after a hearing, issued an order of protection against Frank Christy and in favor of the petitioner. Thereafter, the petitioner moved pursuant to Family Court Act § 842(f) for an award of counsel fees. The court, noting, among other things, that "[t]he matter was repeatedly adjourned by ... counsel [for both parties] for a myriad of reasons" and that each party "contributed to the escalating legal costs," denied the motion. The petitioner appeals.
Pursuant to Family Court Act § 842(f), the court may direct a party "to pay the reasonable counsel fees and disbursements involved in obtaining [an order of protection] of the person who is protected by such order." The award of counsel fees is committed to the discretion of the Family Court (see Matter of Grald v. Grald , 33 A.D.3d 922, 923, 824 N.Y.S.2d 100 ; see also Matter of Barcia v. Barcia , 90 A.D.3d 921, 934 N.Y.S.2d 812 ). In determining whether to award counsel fees, the court may consider "the parties' ability to pay, the nature and extent of the services rendered, the complexity of the issues involved, and counsel's experience, ability, and reputation" ( Matter of Grald v. Grald , 33 A.D.3d at 923, 824 N.Y.S.2d 100 ), as well as "the parties' positions and actions during the litigation" ( Matter of Herschbein v. Herschbein , 308 A.D.2d 585, 585, 764 N.Y.S.2d 874 ). Here, upon considering all of the circumstances of this case, including the conduct of the parties, we agree with the Family Court's determination denying the petitioner's motion pursuant to Family Court Act § 842(f) for an award of counsel fees (see Matter of Barcia v. Barcia , 90 A.D.3d at 921, 934 N.Y.S.2d 812 ).
MASTRO, J.P., ROMAN, MALTESE and BARROS, JJ., concur.