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ELAINE WALSH, Respondent, v. RAYMOND D. WALSH, JR., Appellant.

Appeal from an order of the Supreme Court at Special Term, entered July 17, 1979 in Montgomery County, which conditionally granted defendant's motion to vacate a judgment of divorce upon his payment of $600 for plaintiff's counsel fees. Since plaintiff's papers opposing this motion only requested an award of $550 in counsel fees, it was error for Special Term to award a sum for that purpose in excess of that demand. Order modified, on the law and the facts, by reducing the award of counsel fees from $600 to $550, and, as so modified, affirmed, without costs. Mahoney, P.J., Sweeney, Kane, Casey and Herlihy, JJ., concur.

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WALSH v. WALSH
(Jun 26, 1980)