Summary
In Matter of Rosenhaus, 105 A.D.2d 750 (2nd Dept.1984) in a habeas corpus proceeding the Court denied a mother's request for counsel fees as a result of the mother's violation of the visitation provisions of the parties' separation agreement.
Summary of this case from K.K. v. P.K.M.Opinion
November 13, 1984
Appeal from the Supreme Court, Nassau County (Burstein, J.).
Judgment affirmed insofar as appealed from, with costs.
Considering the circumstances of the case and of the respective parties, we find no abuse of discretion in the denial of the mother's application for a counsel fee (see Domestic Relations Law, § 237, subd [b]). The record shows that the habeas corpus proceeding was brought on as a result of the mother's violation of the visitation provisions of the parties' separation agreement. Such misconduct is properly the basis for denial of a party's application for attorney's fees (see Dobransky v Dobransky, 89 A.D.2d 614). Weinstein, J.P., Brown, Boyers and Eiber, JJ., concur.