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245 A.D.2d 283

Slater v. Slater

Appellate Division of the Supreme Court of the State of New York · decided 1997-12-01

Decided 1997-12-01

¶1—In a matrimonial action in which the parties were divorced by judgment dated July 26, 1985, the plaintiff former husband appeals from so much of an order of the Supreme Court, Kings County (Harkavy, J.), entered January 2, 1996, as awarded the defendant wife counsel fees in the sum of $7,000, and the defendant former wife cross-appeals from the same order.

¶2Ordered that the cross appeal is dismissed as abandoned; and it is further,

¶3Ordered that the order is affirmed insofar as appealed from; and it is further,

¶4Ordered that the nonparty respondent Ralph E. Gansell is awarded one bill of costs.

¶5Contrary to the plaintiff’s contention, considering the financial circumstances of the parties and the circumstances of the case as a whole, the Supreme Court did not improvidently exercise its discretion in directing him to pay a portion of the defendant’s counsel fees (see, DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881; Matter of O’Neil v O’Neil, 193 AD2d 16; Hirsch v Hirsch, 142 AD2d 138, 146). Copertino, J. P., Sullivan, Pizzuto and Lerner, JJ., concur.

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