Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. ELIZABETH ERNST, Respondent, v. FRANK ERNST, Appellant. In a separation action, judgment modified on the law by striking therefrom the sixth ordering paragraph relating to payment of a counsel fee. As so modified, the judgment is unanimously affirmed, without costs. The allowance for counsel fee was improperly incorporated in the judgment because it is remuneration for past services. ( Beadleston v. Beadleston, 103 N.Y. 402; Stevens v. Stevens, 214 App. Div. 785; Fisher v. Fisher, 223 App. Div. 19.)