Young v. Young, 2017–03589
Decision Date | 30 May 2018 |
Docket Number | Docket No. V–8220–12,2017–03589 |
Citation | 74 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. |
Court | New 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
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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