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Morken v. Morken

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 2002
292 A.D.2d 431 (N.Y. App. Div. 2002)

Opinion

01-00322

February 7, 2002

March 11, 2002.

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Suffolk County (Oliver, J.), dated November 17, 2000, which granted her motion for an attorney's fee in the sum of only $1,000.

Russell I. Marnell, P.C., East Meadow, N.Y. (Scott R. Schwartz of counsel), for appellant.

Philip J. Castrovinci, Smithtown, N.Y. (Ruth Sovronsky of counsel), for respondent.

NANCY E. SMITH, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, and HOWARD MILLER, JJ.


ORDERED that the order is affirmed, with costs.

An evaluation of what constitutes reasonable counsel fees is a matter that is generally left to the sound discretion of the trial court (see, DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 881; Pena v. Pena, 255 A.D.2d 498; Matter of Bailey, Marshall Hoeniger v. Merzon, 210 A.D.2d 474), which is often in the best position to judge those factors integral to the fixing of counsel fees (see, Pauk v. Pauk, 232 A.D.2d 386; O'Neil v. O'Neil, 193 A.D.2d 16, 20; Levine v. Levine, 179 A.D.2d 625, 626). The Supreme Court providently exercised its discretion in awarding an attorney's fee in this case.


Summaries of

Morken v. Morken

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 2002
292 A.D.2d 431 (N.Y. App. Div. 2002)
Case details for

Morken v. Morken

Case Details

Full title:JOHN R. MORKEN, RESPONDENT, v. SABRINA L. MORKEN, APPELLANT

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

Date published: Mar 11, 2002

Citations

292 A.D.2d 431 (N.Y. App. Div. 2002)
738 N.Y.S.2d 883

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