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Matter of Israel v. Israel

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 2000
273 A.D.2d 385 (N.Y. App. Div. 2000)

Opinion

Submitted April 28, 2000.

June 19, 2000.

In a support proceeding pursuant to Family Court Act article 4, the father appeals, as limited by his brief, from so much of an order of the Family Court, Nassau County (Brennan, J.), dated March 31, 1999, as denied his objection to an order of the same court (Miller, H.E.), dated September 16, 1998, which awarded the petitioner $22,500 as an attorney's fee.

David M. Israel, New York, N.Y., appellant pro se.

Eleanor B. Newirth, Manhasset, N.Y., for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., DANIEL W. JOY, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

Family Court Act § 438 authorizes an award of an attorneys fee in support proceedings. The factors to be considered when computing such an award include "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 Olesh v. Auerbach, 227 A.D.2d 406). Another factor to be considered is the "resources of the party seeking an award" (Matter of Getman v. Getman, 156 A.D.2d 686). Based upon this record, the counsel fee award was appropriate (see, Family Ct Act § 438[b]; see also, e.g., Matter of Mitchell v. Mitchell, 209 A.D.2d 620; Matter of Jurs v. Jurs, 191 A.D.2d 564).


Summaries of

Matter of Israel v. Israel

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 2000
273 A.D.2d 385 (N.Y. App. Div. 2000)
Case details for

Matter of Israel v. Israel

Case Details

Full title:IN THE MATTER OF HOLLIS ISRAEL, RESPONDENT, v. DAVID ISRAEL, APPELLANT

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

Date published: Jun 19, 2000

Citations

273 A.D.2d 385 (N.Y. App. Div. 2000)
710 N.Y.S.2d 903

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