Majority
p. 1045Mary L. Besch, Respondent, v Marshall J. Besch, Appellant. [639 NYS2d 617]
We agree with defendant, however, that the court erred in determining the amount of attorney’s fees to which plaintiff was entitled without first conducting a hearing, as requested by defendant, to determine the reasonable value and nature of the services rendered (see, Matter of Tripi v Faiello, 195 AD2d 958 , lv dismissed 82 NY2d 803 ; Kish v Kish [appeal No. 1], 175 AD2d 604 ; Price v Price, 113 AD2d 299 , affd 69 NY2d 8 ). We modify the order on appeal, therefore, by vacating the amount of attorney’s fees awarded to plaintiff, and we remit the matter to Supreme Court for a hearing on that issue. (Appeal from Or
p. 1046
der of Supreme Court, Erie County, Sedita, Jr., J. — Support.) Present — Pine, J. P., Lawton, Fallon, Callahan and Doerr, JJ.
Cases cited
- Tripi v. Faiello 195 AD2d 958 p. 1045
- Price v. Price 113 AD2d 299 p. 1045
- Price v. Price 69 NY2d 8 p. 1045