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Cappelli v. Cappelli

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 2002
293 A.D.2d 438 (N.Y. App. Div. 2002)

Opinion

2001-01837

Submitted March 7, 2002.

April 1, 2002.

In an action for a divorce and ancillary relief, the plaintiff husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Jonas, J.), dated January 10, 2001, as granted the defendant wife an interim attorney's fee in the sum of $25,000, and the defendant wife cross-appeals, on the ground of inadequacy and as limited by her brief, from so much of the same order as awarded her the sum of only $25,000 as an interim attorney's fee.

Stephen Gassman, P.C., Garden City, N.Y. (Rosalia Baiamonte of counsel), for appellant-respondent.

Sheresky Aronson Mayefsky, LLP, New York, N.Y. (David Aronson and Lawrence B. Trachtenberg of counsel), for respondent-appellant.

Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, BARRY A. COZIER, JJ.


ORDERED that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The Supreme Court providently exercised its discretion in awarding the defendant wife an interim attorney's fee in the sum of $25,000 (see Domestic Relations Law § 237[a]; Gilmore v. Gilmore, 286 A.D.2d 416; Cacio v. Cacio, 236 A.D.2d 574; cf. Landau v. Landau, 258 A.D.2d 508). An evidentiary hearing is not required prior to making an interim award (see Meyer v. Meyer, 229 A.D.2d 354, 355; Flach v. Flach, 114 A.D.2d 929; Ahern v. Ahern, 94 A.D.2d 53).

ALTMAN, J.P., GOLDSTEIN, H. MILLER and COZIER, JJ., concur.


Summaries of

Cappelli v. Cappelli

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 2002
293 A.D.2d 438 (N.Y. App. Div. 2002)
Case details for

Cappelli v. Cappelli

Case Details

Full title:LOUIS R. CAPPELLI, appellant-respondent, LYNN CAPPELLI…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 1, 2002

Citations

293 A.D.2d 438 (N.Y. App. Div. 2002)
739 N.Y.S.2d 628

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