Matter of Reilly v Reilly

Matter of Matter of Reilly v Reilly 2012 NY Slip Op 02696 Decided on April 10, 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 April 10, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
2011-08421
(Docket Nos. V-1823-01/09O, O-5940/08)

[*1]In the Matter of Brian G. Reilly, appellant,

v

Carole A. Reilly, respondent. (Proceeding No. 1) In the Matter of Carole A. Reilly, respondent, Brian G. Reilly, appellant. (Proceeding No. 2) Brian G. Reilly, Wappingers, N.Y., appellant pro se.




DECISION & ORDER

In a custody and visitation proceeding pursuant to Family Court Act article 6, and a related family offense proceeding pursuant to Family Court Act article 8, the father appeals from an order of the Family Court, Dutchess County (Posner, J.), dated August 2, 2011, which, after remittitur by this Court (see Matter of Reilly v Reilly, 79 AD3d 1132), granted the mother's motion for an award of counsel fees to the extent of directing him to pay her the sum of $6,000.

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the father's contention, in accordance with our order remitting the matter, the Family Court clearly specified that the mother was entitled to an award of counsel fees under Domestic Relations Law § 237(b) and Family Court Act § 842(f). We discern no basis to disturb that determination (see Matter of O'Shea v Parker, 16 AD3d 510; Matter of Rogers v Rogers, 161 AD2d 766, 767).

The father's remaining contentions either were raised and rejected on the prior appeal, and are therefore barred by the doctrine of law of the case, or are without merit (see Aurora Loan Servs., LLC v Grant, 88 AD3d 929, lv denied 18 NY3d 804).
BALKIN, J.P., CHAMBERS, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court