Summary
In Stephens, the Appellate Division cited only to Rotta as authority for its ruling that the trial court properly exercised its discretion when it appointed a Law Guardian for the parties' children, and directed the parents to pay the Law Guardian's fees.
Summary of this case from People ex rel. KM v. SFOpinion
April 28, 1998
Appeal from the Supreme Court, New York County (Jacqueline Silbermann, J.).
Order, Supreme Court, New York County (Walter Tolub, J.), entered March 20, 1997, which, in a matrimonial action, insofar as appealed from, granted nonparty respondent Law Guardian's application for entry of judgment in her favor and against plaintiff in the amount of $7,524 for her fees, unanimously affirmed, without costs.
Both plaintiffs failed to raise any of the arguments now advanced on appeal, and they are therefore unpreserved for review ( see, Melahn v. Hearn, 60 N.Y.2d 944, 945). Were we to review them, we would find that both motion courts properly exercised their discretion in appointing a Law Guardian for the parties' children, and directing that the parties pay the Guardian's fee ( see, Rotta v. Rotta, 233 A.D.2d 152). The motion courts were not constrained to award the statutory rates set forth in Judiciary Law § 35 (3) and the amounts awarded are appropriate ( ibid.). Further, the Law Guardian could seek to enforce payment of her fees through Domestic Relations Law § 244, rather than by plenary action.
Concur — Sullivan, J.P., Rubin, Mazzarelli and Andrias, JJ.