From Casetext: Smarter Legal Research

DeJesus v. DeJesus

Appellate Division of the Supreme Court of New York, Second Department
Aug 16, 1999
264 A.D.2d 436 (N.Y. App. Div. 1999)

Opinion

August 16, 1999.

Appeal from the Supreme Court, Rockland County (Miller, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in awarding counsel fees to the plaintiff ( see, Domestic Relations Law § 237 [a]). The award was properly based upon evidence establishing the defendant's financially-superior position ( see, Kennedy v. Kennedy, 128 A.D.2d 840).

Since the defendant failed to request a hearing on the plaintiff's motion for counsel fees and also failed to raise an objection to the submission of the issue of counsel fees based on papers, he has waived his right to a hearing on this issue ( see, Matter of Zirkind v. Zirkind, 218 A.D.2d 745; Rosenberg v. Rosenberg, 155 A.D.2d 428).

The defendant's remaining contentions are without merit.

Bracken, J. P., Thompson, Goldstein, McGinity and Schmidt, JJ., concur.


Summaries of

DeJesus v. DeJesus

Appellate Division of the Supreme Court of New York, Second Department
Aug 16, 1999
264 A.D.2d 436 (N.Y. App. Div. 1999)
Case details for

DeJesus v. DeJesus

Case Details

Full title:NANCY DeJESUS, Respondent, v. WILFRED DeJESUS, Appellant

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

Date published: Aug 16, 1999

Citations

264 A.D.2d 436 (N.Y. App. Div. 1999)
694 N.Y.S.2d 436

Citing Cases

Racquel L.J. v. Derwin J.J.

Dept., 2009] citing Schwartz v. Schwartz , 54 AD3d 400, 403 [2d Dept., 2008], Messinger v. Messinger , 24…

Timpone v. Timpone

Ordered that the order is modified, on the facts and as a matter of discretion, by deleting the provision…