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Matter of Kobel v. Martelli

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1985
112 A.D.2d 756 (N.Y. App. Div. 1985)

Opinion

July 12, 1985

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

Present — Hancock, Jr., J.P., Denman, Green, O'Donnell and Pine, JJ.


Order unanimously reversed, on the law, without costs, and matter remitted to Erie County Family Court for a hearing, in accordance with the following memorandum: While it was not an abuse of discretion to award counsel fees to petitioner based on the relative financial circumstances of the parties ( see, Matter of Kwit v. Kwit, 91 A.D.2d 1175), it was an abuse of discretion to award the amount of counsel fees requested, without affording respondent the opportunity to elicit further information on the reasonable value of those services ( see, Weinberg v. Weinberg, 95 A.D.2d 828, 829).


Summaries of

Matter of Kobel v. Martelli

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1985
112 A.D.2d 756 (N.Y. App. Div. 1985)
Case details for

Matter of Kobel v. Martelli

Case Details

Full title:In the Matter of MARY L. KOBEL, Respondent, v. GINO MARTELLI, Appellant

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

Date published: Jul 12, 1985

Citations

112 A.D.2d 756 (N.Y. App. Div. 1985)

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