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Matter of Rocchio v. Centrum Constr. Corp.

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1994
201 A.D.2d 568 (N.Y. App. Div. 1994)

Opinion

February 14, 1994

Appeal from the Supreme Court, Westchester County (Wood, J.).


Ordered that the order is modified, on the law, by reducing the award of attorney's fees from $8,820 to $7,920; as so modified, the order is affirmed, with costs to the petitioner.

The petitioner, Cynthia Lou Rocchio, is entitled to an award of attorney's fees for amounts that she expended to enforce an income execution for support enforcement (see, CPLR 5241 [g]). She is not entitled, however, to an award of attorney's fees for amounts that she expended attempting to obtain an award of attorney's fees. Such fees are not authorized by CPLR 5241 (g) (cf., Schussler v. Schussler, 123 A.D.2d 618; Parkside Mem. Chapels v. Garlick Funeral Homes, 61 A.D.2d 1028; Grimsey v Lawyers Tit. Ins. Corp., 31 N.Y.2d 953), and we reduce the award accordingly.

The award was proper in all other respects, and the appellants' remaining contentions are without merit. Bracken, J.P., Sullivan, Krausman and Goldstein, JJ., concur.


Summaries of

Matter of Rocchio v. Centrum Constr. Corp.

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1994
201 A.D.2d 568 (N.Y. App. Div. 1994)
Case details for

Matter of Rocchio v. Centrum Constr. Corp.

Case Details

Full title:In the Matter of CYNTHIA L. ROCCHIO, Respondent, v. CENTRUM CONSTRUCTION…

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

Date published: Feb 14, 1994

Citations

201 A.D.2d 568 (N.Y. App. Div. 1994)
607 N.Y.S.2d 708

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