Opinion
15411 Index No. 304222/17 Case No. 2020–04993
03-01-2022
Alan SWERDLOFF, Plaintiff–Respondent, v. Jill SWERDLOFF, Defendant–Appellant.
Law Office of William S. Beslow, New York (William Beslow of counsel) for appellant. Cardi & Edgar, LLP, New York (Dawn M. Cardi of counsel), attorney for the children.
Law Office of William S. Beslow, New York (William Beslow of counsel) for appellant.
Cardi & Edgar, LLP, New York (Dawn M. Cardi of counsel), attorney for the children.
Gische, J.P., Oing, Kennedy, Mendez, Shulman, JJ.
Order, Supreme Court, New York County (Michael L. Katz, J.), entered December 7, 2020, which to the extent appealed from as limited by the briefs, granted the cross motion of the attorney for the children, Dawn M. Cardi, Esq. (the AFC), for an order directing defendant mother to pay her pro rata share of the AFC's outstanding invoices by December 28, 2020, unanimously affirmed, with costs.
The court properly directed both parties to pay their pro rata shares of any outstanding invoices to the attorney representing the children in these divorce proceedings (see Matter of Donna Marie C. v. Kuni C., 134 A.D.3d 430, 431–432, 21 N.Y.S.3d 49 [1st Dept. 2015] ). Further, the order did not expressly or otherwise prohibit the mother from challenging the amount of the AFC's invoiced fees or asserting a defense of legal malpractice, and therefore was not improper on the basis that it deprived the mother of those rights (see generally Venecia V. v. August V., 113 A.D.3d 122, 977 N.Y.S.2d 199 [1st Dept. 2013] ).
We have considered the mother's remaining arguments and find them unavailing.