Opinion
July 16, 1993
Appeal from the Supreme Court, Erie County, Mattina, J.
Present — Pine, J.P., Fallon, Boomer, Davis and Boehm, JJ.
Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in directing petitioners to pay $3,500 to respondent's attorney as partial payment for counsel fees incurred by respondent. The court lacked authority to award counsel fees against petitioners in this proceeding seeking grandparent visitation (see, Domestic Relations Law § 237 [b]; Lewin v. Caplan, 159 A.D.2d 369, 370; Matter of Norman D. "JJ" v. Family Childrens Serv., 39 A.D.2d 612; Matter of Koch v. Koch, 99 Misc.2d 124). In light of our determination, we do not reach the remaining issues advanced by petitioners.