AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

In the Matter of GINA M. PANE, Appellant, v. VINCENT P. PANE, Respondent.

Ordered that the order is affirmed insofar as appealed from, with costs.

An award of a reasonable attorney's fee in a matrimonial action is a matter within the sound discretion of the trial court ( see Domestic Relations Law § 237 [a]; DeCabrera v. Cabrera-Rosete, 70 NY2d 879; Benzaken v. Benzaken, 21 AD3d 391).

The Family Court providently exercised its discretion in denying the petitioner's request for an attorney's fee. The parties' annual incomes are relatively equal, and based upon our review of the record, it does not appear that the respondent unnecessarily protracted the parties' dispute or that his request that the parties' son undergo a psychological evaluation was made without good faith. Accordingly, we decline to disturb the Family Court's denial of the motion for an award of an attorney's fee to the petitioner ( see DeCabrera v. Cabrera-Rosete, supra; Benzaken v. Benzaken, supra; Comstock v. Comstock, 1 AD3d 307; Matter of Robinson v. New York State Div. of Human Rights, 277 AD2d 76; cf. Singer v. Singer, 16 AD3d 666; Matter of O'Shea v. Parker, 16 AD3d 510).

In light of our determination, we need not address the parties' remaining contentions.

Use AI to get other relevant cases.

Comments

IN THE MATTER OF PANE v. PANE
(Feb 14, 2006)