Roan v. Roan

Full title: FRANKLIN A. ROAN, Respondent, v. JUDITH ROAN, Appellant

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

Date published: Nov 17, 1986

124 A.D.2d 724 (N.Y. App. Div. 1986)

Opinion

November 17, 1986

Appeal from the Supreme Court, Kings County (Imperato, R., Schneier, J.).

Justice Brown has been substituted for the late Justice Gibbons(see, 22 NYCRR 670.2 [c]).Page 725

Ordered that the order dated May 14, 1984 is affirmed insofar as appealed from, and the order dated November 2, 1984 is affirmed, without costs or disbursements.

The law is clear that any award of costs and counsel fees in connection with a custody proceeding or for bringing an appeal to this court is a matter to be resolved by the court before whom the application was made, as an exercise of its discretion (see, Domestic Relations Law § 237 [b]). Based on the instant record, there was no abuse of that discretion (see, Matter of Bonnaci v Bonnaci, 89 A.D.2d 634). Thompson, J.P., Brown, Eiber and Spatt, JJ., concur.