Opinion
February 29, 1988
Appeal from the Supreme Court, Queens County (Fasullo, J.H.O.).
Ordered that the order and modified judgment is modified, on the law and the facts, to increase the award of counsel fees including disbursements to $10,110.06 subject to credit for any amounts previously paid by the defendant husband for counsel fees incurred by the plaintiff with respect to the instant motion and cross motion; as so modified, the order and modified judgment is affirmed, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Queens County, for a determination as to the amounts previously paid by the defendant for counsel fees incurred with respect to the instant motion and cross motion.
The Judicial Hearing Officer's award of $2,000 in counsel fees to the plaintiff on her successful prosecution of the instant motion and in defense of the defendant's cross motion, inter alia, to vacate the spousal support provision of the judgment of divorce was inadequate. The award of counsel fees was made pursuant to the terms of the parties' agreement which is incorporated in their judgment of divorce and the question of whether an award should be made was not left to the discretion of the Judicial Hearing Officer (see, Canick v Canick, 122 A.D.2d 767).
The parties stipulated that the reasonableness of the award would be established upon submission of attorney's affirmations as to value and services. Therefore, no hearing was or is required (Melone v Melone, 113 A.D.2d 745). Upon our review of the unopposed affirmations setting forth the services rendered, and considering only those items which relate to the prosecution of the plaintiff's motion for enforcement and in defense of defendant's cross motion, the affirmations being particularly detailed, we determine that the plaintiff is entitled to counsel fees in the amount of $10,110.06, which includes disbursements. Mollen, P.J., Bracken, Spatt and Sullivan, JJ., concur.