Metzger v. Metzger

Full title: SHIRLEY E. METZGER, Respondent, v. RICHARD J. METZGER, Appellant

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

Date published: May 21, 1976

52 A.D.2d 1056 (N.Y. App. Div. 1976)

Opinion

May 21, 1976

Appeal from the Erie Supreme Court.

Present — Moule, J.P., Mahoney, Dillon, Goldman and Witmer, JJ.

Order unanimously affirmed, without costs. Memorandum: Defendant appeals from an order of Special Term which granted plaintiff the sum of $1,500 for counsel fees and disbursements in the defense of an appeal taken by defendant from a judgment of separation. Defendant did not submit any affidavit in opposition, although one was submitted by his attorney which consisted solely of conclusions. We find no abuse of discretion by Special Term.