Opinion
June 29, 1972
Appeal from the Monroe County Family Court.
Present — Del Vecchio, J.P., Marsh, Gabrielli, Moule and Henry, JJ.
Order unanimously affirmed, with costs. Application for counsel fees on this appeal denied. Memorandum: Respondent natural mother has made an application to this court for an award of counsel fees in connection with the appeal by the grandparents and father from the Family Court order which denied the grandparents' application for adoption and granted a modification of the custody provision of a Nevada decree so that custody has now been transferred to the mother. ¶ As we held in Rubin v. Rubin ( 35 A.D.2d 460), any application for counsel fees in connection with such appeal should be made to the court of original instance — here, to Family Court (Domestic Relations Law, § 237, subd. [b]; Goshin v. Goshin, 30 A.D.2d 555).