Appellate Division of the Supreme Court of New York, 1966

Epstein v. Corbelli

Epstein v. Corbelli
Appellate Division of the Supreme Court of New York · Decided February 15, 1966 · Breitel, Deceased, Eager, Rabin, Stevens, Yalente
25 A.D.2d 517; 267 N.Y.S.2d 482; 1966 N.Y. App. Div. LEXIS 4951
Epstein v. Corbelli

Opinion of the Court

Order, entered on June 2, 1965, modified, on the law, the facts ■and in the exercise of discretion, to reduee the award of counsel fee from $500 to $200, and as so modified, is otherwise affirmed, without costs or disbursements to either party. While we conclude the court had the power to allow a counsel fee (Family Ct. Act, § 536; Matter of Giacoman v. Boer, 23 A D 2d 737), in light of the record in this ease the amount awarded was clearly excessive to the extent indicated. We note that respondent-appellant has previously paid a $350 counsel fee in connection with this matter, and observe that the present allowance does not contemplate any further application for counsel fees.

Concur — Breitel, J. P., Rabin, Stevens and Eager, JJ.; Yalente, J., deceased.

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