Opinion
7
Decided February 7, 2002.
Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered March 21, 2001, which modified, on the law, and, as modified, affirmed an order of the Family Court, Niagara County (Paul Crapsi, J.) entered in a contested custody proceeding, granting respondent's motion for counsel fees and awarding her counsel fees in the amount of $15,995, and denying petitioner's cross motion for sanctions. The modification consisted of reducing the award by $2,688.
In a contested custody proceeding, respondent moved for counsel fees. Petitioner cross-moved to dismiss the motion and for sanctions. Family Court granted respondent's motion for attorney's fees, but denied petitioner's cross motion for sanctions finding no credible proof relative to this request.
The Appellate Division concluded that Family Court did not abuse its discretion in granting respondent's motion and awarding her counsel fees, and that the court properly denied petitioner's cross motion for sanctions. Pending appeal to the Court of Appeals, respondent filed a satisfaction of judgment in Family Court.
Submitted by Brian R. Welsh, for appellant.
No submission, for respondent.
Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur.
MEMORANDUM:
The order of the Appellate Division should be affirmed, without costs. The issue whether the Appellate Division properly affirmed Family Court's award of counsel fees to respondent is now moot. The only issue before us is whether appellant's request for sanctions below was properly denied. On this record, we cannot say as a matter of law that the denial of appellant's request for sanctions was an abuse of discretion (see generally, Parks v. Leahey Johnson, 81 N.Y.2d 161, 165).
On review of submissions pursuant to section 500.4 of the Rules, order affirmed, without costs, in a memorandum.