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Walsh v. Walsh

76 A.D.2d 1020 Court N.Y. App. Div. Decision date 1980-06-26 English

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p. 1020
Elaine Walsh, Respondent, v Raymond D. Walsh, Jr., Appellant.

Appeal from an order of the Supreme Court at Special Term, entered July 17, 1979 in Montgomery County, which conditionally granted defendant’s motion to vacate a judgment of divorce upon his payment of $600 for plaintiffs counsel fees. Since plaintiffs papers opposing this motion only requested an award of $550 in counsel fees, it was error for Special Term to award a sum for that purpose in excess of that demand. Order modified, on the law and the facts, by reducing the award of counsel fees from $600 to $550, and, as so modified, affirmed, without costs. Mahoney, P. J., Sweeney, Kane, Casey and Herlihy, JJ., concur.