Matter of Barcia v Barcia

Matter of Matter of Barcia v Barcia 2011 NY Slip Op 09318 Decided on December 20, 2011 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 December 20, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
RANDALL T. ENG
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
2010-11623
(Docket No. O-2782-10)

[*1]In the Matter of Heather Barcia, appellant,

v

Matthew Barcia, respondent.




Parola & Gross, LLP, Wantagh, N.Y. (Barry J. Gross of counsel),
for appellant.
Adam H. Moser, Rockville Centre, N.Y., for respondent.


DECISION & ORDER

In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Nassau County (Zimmerman, J.), dated November 16, 2010, which denied her motion pursuant to Family Court Act § 842(f) for an award of counsel fees in the sum of $5,413.50.

ORDERED that the order is affirmed, with costs.

Contrary to the petitioner's contention, the Family Court did not err in denying her motion pursuant to Family Court Act § 842(f) for an award of counsel fees in the sum of $5,413.50 on the ground that the respondent is the financially superior spouse (see Family Ct Act § 842[f]; see also Matter of Amy Cohen L. v Howard N.L., 222 AD2d 677, 677; Merola v Merola, 146 AD2d 611, 612; Matter of Leffingwell v Leffingwell, 86 AD2d 929, 930; cf. Domestic Relations Law § 237[a]; Domestic Relations Law § 237[b]; § 238; Family Ct Act § 438[a]; §§ 536, 641; Cohen v Cohen, 73 AD3d 832, 834), or based on his failure to submit a statement of net worth and related papers as part of his opposition to the motion (cf. 22 NYCRR 202.16[a], [k][2], [4]; Domestic Relations Law § 237[a], [b]; Domestic Relations Law § 236[A][2]; § 236[B][4][a]).
DILLON, J.P., ENG, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court