Bradley v Bradley

Bradley v Bradley 2012 NY Slip Op 04221 Decided on May 31, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 31, 2012
Mazzarelli, J.P., Catterson, DeGrasse, Richter, Manzanet-Daniels, JJ.
7806N 306952/09

[*1]Mariellen Lane Bradley, Plaintiff-Respondent,

v

Peter William Bradley, Defendant-Appellant.




Glenn S. Koopersmith, Garden City, for appellant.
Chemtob Moss Forman & Talbert, LLP, New York (Michael
F. Beyda of counsel), for respondent.

Order, Supreme Court, New York County (Ellen Gesmer, J.), entered May 6, 2011, which granted plaintiff's motion to direct defendant to pay her $25,000 to enable her to retain counsel in an out-of-state non-matrimonial action and to pay any subsequent legal fees she incurs therein, unanimously reversed, on the law, without costs, and the motion denied.

In a matrimonial action, the court is not authorized to award counsel fees to either party for legal services rendered in a non-matrimonial action or proceeding, even where the two actions are related (see e.g. Schapiro v Schapiro, 204 AD2d 87 [1994]; Anonymous v Anonymous, 258 AD2d 547 [1999]; Ravel v Ravel, 235 AD2d 410 [1997]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 31, 2012

CLERK