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MATTER OF ISRAEL v. ISRAEL

Appellate Division of the Supreme Court of New York, Second Department.
Jun 19, 2000
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DECISION ORDER

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

Family Court Act § 438 authorizes an award of an attorneys fee in support proceedings. The factors to be considered when computing such an award include "the parties' ability to pay, the nature and extent of the services rendered, the complexity of the issues involved, and counsel's experience, ability, and reputation" (Matter of Olesh v. Auerbach, 227 A.D.2d 406). Another factor to be considered is the "resources of the party seeking an award" (Matter of Getman v. Getman, 156 A.D.2d 686). Based upon this record, the counsel fee award was appropriate (see, Family Ct Act § 438[b]; see also, e.g., Matter of Mitchell v. Mitchell, 209 A.D.2d 620; Matter of Jurs v. Jurs, 191 A.D.2d 564).