Opinion
2013-11-20
In the Matter of Christine VILLANTI, respondent, v. Michael GRUCCI, appellant.
Arthur Graseck, Jr., Oakdale, N.Y., for appellant. Christine Villanti, South Huntington, N.Y., respondent pro se.
Arthur Graseck, Jr., Oakdale, N.Y., for appellant. Christine Villanti, South Huntington, N.Y., respondent pro se.
In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Hoffmann, J.), dated September 10, 2012, which denied his objections to an order of the same court (Fields, S.M.), dated May 11, 2012, which awarded the mother counsel fees in the sum of $9,730.
ORDERED that the order dated September 10, 2012, is affirmed, with costs.
Contrary to the father's contention, the mother was properly awarded counsel fees in connection with her petition alleging that the father willfully violated an order of support. Once a finding of willfulness was made against the father for violating the support order ( see Matter of Grucci v. Villanti, 108 A.D.3d 626, 627, 969 N.Y.S.2d 493), the Family Court was required by Family Court Act § 438(b) to award counsel fees to the mother ( see Matter of Rutuelo v. Rutuelo, 98 A.D.3d 518, 949 N.Y.S.2d 173; Matter of Musarra v. Musarra, 28 A.D.3d 668, 814 N.Y.S.2d 657). Accordingly, there is no basis upon which to disturb the award of counsel fees. SKELOS, J.P., BALKIN, LOTT and HINDS–RADIX, JJ., concur.