Ciociano v. Ciociano
Cases that cite this one
10 later published cases cite this decision.
- Crook v. Crook (Appellate Division of the Supreme Court of New York 2011)
- In re Rogowski (United States Bankruptcy Court, E.D. New York 2011)
- Finnan v. Finnan (Appellate Division of the Supreme Court of New York 2012)
- Many v. Many (Appellate Division of the Supreme Court of New York 2011)
- Brantly v. Brantly (Appellate Division of the Supreme Court of New York 2011)
- Vecciarelli v. Vecciarelli (Appellate Division of the Supreme Court of New York 2011)
- Schultz v. Schultz (Appellate Division of the Supreme Court of New York 2009)
- Skladanek v. Skladanek (Appellate Division of the Supreme Court of New York 2009)
- Silverstein v. Silverstein (Appellate Division of the Supreme Court of New York 2009)
- Raynor v. Raynor (Appellate Division of the Supreme Court of New York 2009)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a matrimonial action in which the complaint was dismissed by order dated November 22, 2006, the defendant wife appeals from so much of an order of the Supreme Court, Nassau County (Iannacci, J.), dated June 14, 2007, as denied her motion for an award of an attorney’s fee.
Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and the defendant’s motion is granted to the extent that the defendant is awarded an attorney’s fee in the sum of $25,000.
“The decision to award [an] attorney’s fee lies, in the first instance, in the discretion of the trial court and then in the Appellate Division whose discretionary authority is as broad as that of the trial court” (O’Brien v O’Brien, 66 NY2d 576, 590 [1985]; see Domestic Relations Law § 237 [a], [c]; Peritore v Peritore, 50 AD3d 874 [2008]; Burger v Holzberg, 290 AD2d 469, 471 [2002]). In a matrimonial action, an award of an attorney’s fee should be based, inter alia, on the relative financial circumstances of the parties and the relative merit of their positions (see Domestic Relations Law § 237 [a]; DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881 [1987]; Ventimiglia v Ventimiglia, 36 AD3d 899 [2007]; Chamberlain v Chamberlain, 24 AD3d 589 [2005]; McCully v McCully, 306 AD2d 329 [2003]).
Case-law data current through September 30, 2026. Source: CourtListener bulk data.