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Kavanagh v. Kavanagh

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 4, 1986
119 A.D.2d 985 (N.Y. App. Div. 1986)

Opinion

April 4, 1986

Appeal from the Erie County Family Court, Mazur, J.

Present — Doerr, J.P., Boomer, Green, O'Donnell and Pine, JJ.


Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Family Court properly determined the amount of arrears due on a support order and issued a wage deduction order pursuant to Personal Property Law § 49-b (1) (a). The evidence before the court indicated that the father was delinquent in his child support payments and had the ability to make such payments (Janousek v. Janousek, 108 A.D.2d 782, 783).

However, the court erred in awarding counsel fees to the mother based solely upon a bill for legal services submitted by her attorney (Piercy v. Piercy, 97 A.D.2d 972). Accordingly, the award of counsel fees is vacated, without prejudice to respondent making an application to Family Court for an award of counsel fees based on appropriate papers (McCann v. Guterl, 100 A.D.2d 577; Piercy v. Piercy, supra, p 973).


Summaries of

Kavanagh v. Kavanagh

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 4, 1986
119 A.D.2d 985 (N.Y. App. Div. 1986)
Case details for

Kavanagh v. Kavanagh

Case Details

Full title:CHERYL E. KAVANAGH, Respondent, v. DENNIS KAVANAGH, Appellant. (Appeal No…

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

Date published: Apr 4, 1986

Citations

119 A.D.2d 985 (N.Y. App. Div. 1986)