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Matter of Mitchell v. Mitchell

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 1994
209 A.D.2d 620 (N.Y. App. Div. 1994)

Opinion

November 21, 1994

Appeal from the Family Court, Orange County (Slobod, J.).


Ordered that the order is affirmed, with costs.

Contrary the the appellant's contention, in this proceeding pursuant to Family Court Act article 4, the court had the authority to entertain the petitioner's application for counsel fees under Family Court Act § 438, even though the petitioner subsequently caused a proceeding under the Uniform Reciprocal Enforcement of Support Act to be commenced on her behalf in Maryland, where the appellant resides, which resulted in a judgment in the petitioner's favor (see, Matter of Murdock v. Settembrini, 21 N.Y.2d 759). Matter of Dannheim v Babbitt ( 48 Misc.2d 310), relied upon by the appellant, does not hold to the contrary, and even if it could be so interpreted we would decline to follow it.

Moreover, on this record, we conclude that the award of counsel fees was appropriate (see, Family Ct Act § 438 [b]). Bracken, J.P., Lawrence, Friedmann and Goldstein, JJ., concur.


Summaries of

Matter of Mitchell v. Mitchell

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 1994
209 A.D.2d 620 (N.Y. App. Div. 1994)
Case details for

Matter of Mitchell v. Mitchell

Case Details

Full title:In the Matter of KATHLEEN A. MITCHELL, Respondent, v. ROBERT P. MITCHELL…

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

Date published: Nov 21, 1994

Citations

209 A.D.2d 620 (N.Y. App. Div. 1994)
619 N.Y.S.2d 652

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