Burke v. Burke

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: It was error for Family Court to award respondent counsel fees in the sum of $4,500 for the anticipated costs of appeal (see, Sitarek v Sitarek, 179 AD2d 1065 ; Kieffer v Kieffer, 163 AD2d 907 , 908). From our review of the record, we further find that, in light of the equities presented and the financial circumstances of the parties, the remaining counsel fee award of $3,972.90, representing approximately one-half of the total fees requested, is a just award of counsel fees to defend the prior appeal. The order of Family Court is, therefore, modified to direct petitioner to contribute $3,972.90 toward respondent’s counsel fees on the prior appeal. (Appeal from Order of Erie County Family Court, LoRusso, J.—Counsel Fees.) Present—Callahan, J. P., Green, Lawton, Boehm and Davis, JJ.