From Casetext: Smarter Legal Research

Walsh v. Walsh

Appellate Division of the Supreme Court of New York, Second Department
Oct 3, 1977
59 A.D.2d 701 (N.Y. App. Div. 1977)

Opinion

October 3, 1977


In a habeas corpus proceeding, the appeal is from an order of the Family Court, Suffolk County, dated June 11, 1976, which denied a motion for an award of counsel fees. Order affirmed, without costs or disbursements. Petitioner concedes, and the record clearly indicates, that the habeas corpus proceeding was discontinued by the parties after they reached an agreement between themselves and that no final determination was ever made by the Family Court. Subdivision (b) of section 237 Dom. Rel. of the Domestic Relations Law indicates that, in the absence of such a final determination, the court does not possess the power to direct the payment of counsel fees. The above-indicated procedure does not preclude the institution of a plenary suit. Damiani, J.P., Shapiro, Mollen and O'Connor, JJ., concur.


Summaries of

Walsh v. Walsh

Appellate Division of the Supreme Court of New York, Second Department
Oct 3, 1977
59 A.D.2d 701 (N.Y. App. Div. 1977)
Case details for

Walsh v. Walsh

Case Details

Full title:HELEN WALSH, Appellant, v. THOMAS M. WALSH, Respondent

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

Date published: Oct 3, 1977

Citations

59 A.D.2d 701 (N.Y. App. Div. 1977)

Citing Cases

Lawrence P. v. Tran Muoi P.

The touchstone upon which an award should be predicated is that the wife's or mother's claim or defense be…

In re Weisberg

The Debtor makes an argument that, since the New York divorce action was voluntarily discontinued by the Wife…