Young v. Young, 2017–03589

Decision Date30 May 2018
Docket NumberDocket No. V–8220–12,2017–03589
Citation74 N.Y.S.3d 499 (Mem),161 A.D.3d 1182
Parties In the Matter of Ellen A. YOUNG, respondent, v. Bryce J. YOUNG, appellant.
CourtNew York Supreme Court — Appellate Division

161 A.D.3d 1182
74 N.Y.S.3d 499 (Mem)

In the Matter of Ellen A. YOUNG, respondent,
v.
Bryce J. YOUNG, appellant.

2017–03589
Docket No.
V–8220–12

Supreme Court, Appellate Division, Second Department, New York.

Submitted—April 19, 2018
May 30, 2018


Bryce J. Young, Edgewater, New Jersey, appellant pro se.

Stephen P. Gold, White Plains, NY, attorney for the child.

REINALDO E. RIVERA, J.P., MARK C. DILLON, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

161 A.D.3d 1182

In a proceeding pursuant to Family Court Act article 6, the father appeals from a money judgment of the Family Court, Westchester County (Mary Ann Scattaretico–Naber, J.), dated January 8, 2018. The money judgment, upon an order of the same court dated March 2, 2017, made after a hearing, directing the father to pay half of the total amount of counsel fees awarded to the attorney for the child, is in favor of the attorney for the child and against the father in the total sum of $10,556.88.

ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be a premature notice of appeal from the money judgment (see CPLR 5520[c] ); and it is further,

ORDERED that the money judgment is affirmed, without costs or disbursements.

The father in this custody proceeding argues that the Family Court erred in directing him to pay half of the total amount of counsel fees awarded to the attorney for the child.

Courts are authorized to direct that " ‘a parent who has sufficient financial means

to do so pay some or all of the [attorney for the child's] fees' " ( Pascazi v. Pascazi, 65 A.D.3d 1202, 1203, 885 N.Y.S.2d 735, quoting Matter of Plovnick v. Klinger, 10 A.D.3d 84, 89, 781 N.Y.S.2d 360 ; see 22 NYCRR 36.4 ; Judiciary Law § 35[3] ; Rupp–Elmasri v. Elmasri, 8 A.D.3d 464, 778 N.Y.S.2d 289 ; Jain v. Garg, 303 A.D.2d 985, 986, 755 N.Y.S.2d 921 ; Pascarelli v. Pascarelli, 283 A.D.2d 472, 724 N.Y.S.2d 636 )....

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4 cases
  • Silverman v. Silverman, 2018-14203
    • United States
    • New York Supreme Court — Appellate Division
    • July 29, 2020
    ...her clients. We agree.An AFC is required to "zealously advocate the child's position" ( 22 NYCRR 7.2 [d]; see Matter of Young v. Young , 161 A.D.3d 1182, 1182, 74 N.Y.S.3d 499 ). In order to determine the child's wishes, the AFC must "consult with and advise the child to the extent of and i......
  • T.K. v. D.K.
    • United States
    • New York Supreme Court
    • July 31, 2018
    ...for the children (see: Pascazi v. Pascazi , 65 A.D.3d 1202, 885 N.Y.S.2d 735 [2d Dept., 2009] ; 82 N.Y.S.3d 835 Young v. Young , 161 A.D.3d 1182, 74 N.Y.S.3d 499 [2d Dept., 2018] ; Plovnick v. Klinger , 10 A.D.3d 84, 781 N.Y.S.2d 360 [2d Dept. 2004] ). Authority to require a parent to pay a......
  • In re Gregory R.
    • United States
    • New York Supreme Court — Appellate Division
    • May 30, 2018
    ...be collateral consequences resulting from the adjudication of delinquency (see Matter of Kieron C., 140 A.D.3d 1160, 34 N.Y.S.3d 174 ).74 N.Y.S.3d 499In this juvenile delinquency proceeding, the petition charged the appellant with committing acts on November 1, 2016, which, if committed by ......
  • Deem v. Divella-Deem
    • United States
    • New York Supreme Court — Appellate Division
    • January 27, 2021
    ...to direct that a parent who has sufficient financial means to do so pay some or all of the [AFC's] fees" ( Matter of Young v. Young, 161 A.D.3d 1182, 1182, 74 N.Y.S.3d 499 [alterations and internal quotation marks omitted]; see 22 NYCRR 36.4 ; Judiciary Law § 35[3] ; Pascazi v. Pascazi, 65 ......

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