Opinion
April 22, 1996
Appeal from the Family Court, Orange County (Slobod, J.).
Ordered that the appeal from the order dated November 7, 1994, is dismissed, since that order was superseded by the order dated January 17, 1995, made upon reargument; and it is further,
Ordered that the order dated January 17, 1995, is affirmed insofar as appealed from; and it is further,
Ordered that the respondent is awarded one bill of costs.
The appellant's contention that he did not agree to waive a hearing on the issue of attorney's fees is belied by the record. The record reveals that the parties did indeed stipulate that the issue would be decided without a hearing. Furthermore, there is sufficient evidence in the record to support the Family Court's determination ( see, Matter of Kriete v. Kriete, 194 A.D.2d 676; Matter of Jurs v. Jurs, 191 A.D.2d 564; Reehill v. Reehill, 181 A.D.2d 725).
Contrary to the respondent's contention, this appeal need not be dismissed because the record lacks a settled transcript of the underlying custody proceeding. The parties stipulated to the resolution of the issue of attorney's fees without a hearing, and the record is sufficient to review that issue ( see, Kletzkin v Kletzkin, 189 A.D.2d 857; CPLR 5525). Balletta, J.P., Thompson, Santucci and Florio, JJ., concur.