Garner v. Garner

Appeal from an order of the Supreme Court (Breen, J.), entered July 27, 2006 in Warren County, which, among other things, granted plaintiffs motion for counsel fees.

The circumstances of the present divorce action are set forth more fully in our decision upon defendant’s appeal of Supreme Court’s October 2005 judgment of divorce (Garner v Garner, 46 AD3d 1239 [2007] [decided herewith]). Following the filing of the notice of appeal in the underlying divorce action, plaintiff sought counsel fees in connection with the appeal based upon the counsel fees provision of the parties’ postmarital…