Opinion
2012-05-15
In the Matter of Stephen SAWYER, petitioner-respondent, v. Theresa YUAN, respondent;Nancy S. Erickson, etc., nonparty-appellant.
Nancy S. Erickson, Brooklyn, N.Y., nonparty-appellant pro se. Preston Stutman & Partners, P.C., New York, N.Y. (Robert M. Preston of counsel), for petitioner-respondent.
Nancy S. Erickson, Brooklyn, N.Y., nonparty-appellant pro se. Preston Stutman & Partners, P.C., New York, N.Y. (Robert M. Preston of counsel), for petitioner-respondent.
John C. Macklin, New Hyde Park, N.Y., attorney for the child.
In a child custody proceeding pursuant to Family Court Act article 6, Nancy S. Erickson, the attorney for the mother, appeals from so much of an order of the Family Court, Queens County (Ebrahimoff, Ct.Atty.Ref.), dated March 19, 2010, as denied the motion of her assignor, the mother's former attorney, for an award of counsel fees.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Family Court providently exercised its discretion in denying the motion for an award of counsel fees ( see O'Brien v. O'Brien, 66 N.Y.2d 576, 590, 498 N.Y.S.2d 743, 489 N.E.2d 712; Matter of Pane v. Pane, 26 A.D.3d 386, 809 N.Y.S.2d 179). Considering the financial circumstances of both parties, and the circumstances of the case as a whole, the motion for an award of counsel fees was properly denied ( see DeCabrera v. Cabrera–Rosete, 70 N.Y.2d 879, 881–882, 524 N.Y.S.2d 176, 518 N.E.2d 1168; Prichep v. Prichep, 52 A.D.3d 61, 64, 858 N.Y.S.2d 667; Matter of Sullivan v. Sullivan, 40 A.D.3d 865, 867, 836 N.Y.S.2d 259).