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Piercy v. Piercy

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 4, 1983
97 A.D.2d 972 (N.Y. App. Div. 1983)

Opinion

November 4, 1983

Appeal from the Supreme Court, Niagara County, Bayger, J.

Present — Dillon, P.J., Callahan, Doerr, Green and Moule, JJ.


Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term properly granted the motion to withdraw by plaintiff's counsel. Both plaintiff and defendant's counsel were aware that the request would be made in open court (see CPLR 321, subd [b], par 2) and did not object to the relief sought. Special Term also properly directed defendant to pay plaintiff $1,000 in appraisal fees which were reasonable and necessary for the maintenance of plaintiff's divorce action. Special Term erred, however, in awarding counsel fees. The undated, unsigned, and unsworn schedule of services submitted did not constitute the documentation required to support the award (see Baecher v Baecher, 80 A.D.2d 629, 630; cf. Durward v Durward, 92 A.D.2d 746). Counsel, of course, may make an application for an award of counsel fees on appropriate papers.


Summaries of

Piercy v. Piercy

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 4, 1983
97 A.D.2d 972 (N.Y. App. Div. 1983)
Case details for

Piercy v. Piercy

Case Details

Full title:LEONA M. PIERCY, Respondent, v. NOEL H. PIERCY, Appellant

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

Date published: Nov 4, 1983

Citations

97 A.D.2d 972 (N.Y. App. Div. 1983)

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