Matter of Sawyer v Yuan

Matter of Matter of Sawyer v Yuan 2012 NY Slip Op 03847 Decided on May 15, 2012 Appellate Division, Second 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 15, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
2010-02829
(Docket Nos. V-1636-05, V-17041-09)

[*1]In the Matter of Stephen Sawyer, petitioner-respondent,

v

Theresa Yuan, respondent; Nancy S. Erickson, etc., nonparty-appellant. Nancy S. Erickson, Brooklyn, N.Y., nonparty-appellant pro se.




Preston Stutman & Partners, P.C., New York, N.Y. (Robert M.
Preston of counsel), for petitioner-respondent.
John C. Macklin, New Hyde Park, N.Y., attorney for the child.


DECISION & ORDER

In a child custody proceeding pursuant to Family Court Act article 6, Nancy S. Erickson, the attorney for the mother, appeals from so much of an order of the Family Court, Queens County (Ebrahimoff, Ct. Atty. Ref.), dated March 19, 2010, as denied the motion of her assignor, the mother's former attorney, for an award of counsel fees.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Family Court providently exercised its discretion in denying the motion for an award of counsel fees (see O'Brien v O'Brien, 66 NY2d 576, 590; Matter of Pane v Pane, 26 AD3d 386). Considering the financial circumstances of both parties, and the circumstances of the case as a whole, the motion for an award of counsel fees was properly denied (see DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881-882; Prichep v Prichep, 52 AD3d 61, 64; Matter of Sullivan v Sullivan, 40 AD3d 865, 867).
RIVERA, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court