Opinion
Decided and Entered: May 25, 2000.
Appeal from an order of the Family Court of Saratoga County (Hall, J.), entered October 8, 1998, which, in a proceeding pursuant to Family Court Act article 4, partially granted petitioner's cross motion for counsel fees.
Robert J. Dahoda, Ballston Lake, appellant in person.
Gordon, Tepper De Coursey (Jennifer Powers Rutkey of counsel), Glenville, for respondent.
Before: Cardona, P.J., Mercure, Peters, Spain and Carpinello, JJ.
MEMORANDUM AND ORDER
Petitioner and respondent have been embroiled in Family Court proceedings involving a series of petitions and cross petitions seeking modification of visitation with their child and charging respondent with failing to comply with a prior court order. When respondent moved for a protective order striking petitioner's discovery demands, petitioner cross-moved for an award of counsel fees in the amount of $3,578.50, representing the amount incurred as a result of respondent's failure to respond to the discovery demands and his failure to comply with the prior court order. Thereafter, the parties entered into an open-court stipulation settling all pending matters with the exception of counsel fees, following which Family Court awarded petitioner counsel fees in the amount of $1,560. Respondent appeals.
We are unpersuaded by respondent's contention that Family Court erred in determining the issue of counsel fees without first conducting a hearing. By failing to either request a hearing on petitioner's cross motion for counsel fees or to object when Family Court indicated that the matter would be decided on the papers submitted, respondent waived his right to a hearing on this issue (see, Stricos v. Stricos, 263 A.D.2d 659, 661-662; Hapeman v. Hapeman, 229 A.D.2d 807, 811; Matter of Zirkand v. Zirkand, 218 A.D.2d 745, 746; Matter of Kriete v. Kriete, 194 A.D.2d 676).
Similarly unavailing is respondent's assertion that the counsel fee award was improper because Family Court failed to consider the parties' disparate financial circumstances when fashioning the award. Family Court appropriately considered the relevant and appropriate factors including the respective income of the parties, the nature and extent of the services rendered, the complexity of the issues involved and the result achieved (see, De Cabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 881; Matter of Ballard v. Davis, 259 A.D.2d 881, 885, lv denied 94 N.Y.2d 751; Jurs v. Jurs, 191 A.D.2d 564). Taking into account these various factors and the affidavit of petitioner's attorney which sufficiently detailed the fees charged, we find that Family Court did not abuse its discretion by granting petitioner's cross motion to the extent of awarding her $1,560 in counsel fees (see, Matter of Kemenash v. McIntyre, 205 A.D.2d 898, 899; Matter of McCullough v. Falardeau, 184 A.D.2d 989).
Cardona, P.J., Mercure, Spain and Carpinello, JJ., concur.
ORDERED that the order is affirmed, without costs.