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Salerno v. Salerno

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 2002
300 A.D.2d 667 (N.Y. App. Div. 2002)

Opinion

2002-01461

Submitted December 9, 2002.

December 30, 2002.

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Weinstein, J.), dated December 5, 2001, which granted the mother's post-disposition application for an attorney's fee and expert fee in the sum of $11,577.

Sidney Siller, New York, N.Y., for appellant.

Theresa Salerno, Massapequa, N.Y., respondent pro se.

Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, THOMAS A. ADAMS, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Family Court providently exercised its discretion in awarding the mother the full cost of the expert's fee and a percentage of her reasonable attorney's fee, considering the parties' disparate incomes and the fact that some of the mother's fees were incurred because of the father's dilatory tactics (see O'Shea v. O'Shea, 93 N.Y.2d 187; Krigsman v. Krigsman, 288 A.D.2d 189).

The appellant's remaining contentions are without merit.

ALTMAN, J.P., S. MILLER, ADAMS and MASTRO, JJ., concur.


Summaries of

Salerno v. Salerno

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 2002
300 A.D.2d 667 (N.Y. App. Div. 2002)
Case details for

Salerno v. Salerno

Case Details

Full title:IN THE MATTER OF THERESA SALERNO, respondent, v. ROBERT SALERNO, appellant

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

Date published: Dec 30, 2002

Citations

300 A.D.2d 667 (N.Y. App. Div. 2002)
751 N.Y.S.2d 794

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